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St. Clair County Circuit Court
Microfilm Transcripts
SEPTEMER 1867 TERM
Page 147:
September 1867
Regular Term Saint Clair County Court Sept AD 1867
Sept 23 At a Regular Term of the Saint Clair County Circuit Court,
began and holden at the Court House, in the Town of Osceola, St.
Clair County Missouri, on the fifth six Monday after the second
Monday in August, being the 23rd day of September AD 1867.
Present Hon Burr. H. Emerson Cir Judge.
Elias Disney Sheriff and
Wm. D. Graham Clerk.
When and where the following was had and made of Record to wit;
Now at this day comes hereinto open Court the said Sheriff; and his
Deputies, and are sworn in regard to returning Jurors. And all
process issued returnable to this Term of this Court.
Now at this day comes the Sheriff of Saint Clair County, and returns
the special VEnera Gracias, taken directed with a panel of ___
Jurors there on endorsed as follows towit, William O. Mead, Foreman.
L.B. Hutterson, Thomas Roberts, J.R. Lewellen. Hugh Allinson, S.A.
Hoover, Alfred Bean, C.J. Deshazo, Hesekiah Thompson, A.M. Hutton,
Sterling Cooper, Elisha Bridges, V.D. Watters, Oman Wyatt, John
Casey, John M. Amlin, and T.A. Schoonover, 17 Good and Lawful men
duly summond from the body of saint Clair County to serve as Grand
Jurors for the present Term of this Court and having Taken the oath
of Loyalty presented by the third section of the second Article of
the Constitution of the State of Missouri adopted in the year 1865,
as also the oath usually administered to Grand Jurors, and received
their charge from the Court retired to Consider of their
presentments.
Ordered by the Court that Johnson Bowler and [space] Swank be
excused from among as Petit Jurors at this Term of this Court.
Merchant Bank of St. Louis
R.W. McNeil admr of James M. Gatewood Etal
Civil Action on Note.
Now at this day comes the said Defendant, and files his petition for
a change of venue on said Cause to some other County in this State.
Merchants Bank
vs
J.F. Weidemeyer et al
Civil Action
Rule to open and file Depositions taken in this Cause on the part of
the Defendants.
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September 1867 Term
Regular September Term Saint Clair Circuit Court 1867
Sept 23 Elizabeth Deshazo
vs
J.F. and J.M. Weidemeyer
Civil Action
Now at this day comes the said Defendants, by their Attorney and
files their motion to set aside the Judgement rendered in this Cause
and to quash the Execution issued thereon.
David T. Short
vs
J.F. and J.M. Weidemeyer
Civil Action
Now at this day comes the said Defendants by their Attorney and
files a motion to set aside the Judgement rendered against them and
to quash the execution issued thereon.
John Upton
vs
J.F. and J.M. Weidemeyer
Civil Action
Now at this day comes the said Defendants by their Attorneys and
files a motion to set aside the Judgment, rendered against them in
this cause and to quash the execution issued thereon.
Samuel H. Martin
vs
Jno. F. and J. M. Weidemeyer
Civil Action
Now at this day comes the said Defendants by their attorneys and
files a motion to set aside the Judgement rendered against them in
this cause and to quash the execution, issued thereon.
Merchants Bank
vs
J.W. Mays et al
Civil Action
Now at this day comes the said Defendants and files a motion to set
aside the Judgement, rendered against them in this cause, and to
quash the execution issued thereon.
Merchants bank
vs
J. W. Mays etal
Civil Action
Now at this day comes the said Defendant and files a motion to set
aside the Judgement, in this cause and to quash the execution issued
thereon.
On the matter of Samuel Hackett.
Petition for relief.
Petition filed and is for hearing on Saturday.
Ordered that Court adjourn until tomorrow morning 9 O’clock
B.H. Emerson Judge
Page 149:
September Term 1867
Regular September Term Saint Clair Circuit Court 1867
September 24. Tuesday morning September 24, 1867
Court met pursuant to adjournment
Present Hon Burr H. Emerson Judge
S.S. Burch, Cir Attorney
Elias Disney Sheriff and
Wm. H. Graham Clerk.
Merchants Bank
vs
Paras R. Dunn etal
Civil Action on Promissory Note
Now at this day comes the said Defendants and files a motion to set
aside the Judgement rendered against them on this cause and to quash
the execution issued thereon.
The State of Missouri
vs
Benjamin F. Snyder
Indictment
Now at this day comes the said Defendant, by his Attorney and files
his demurrer to the Indictment.
Franklin Choice
vs
J.H. Choice
Civil Action
Now at this day comes the said Defendant and files his answer to
Plaintiffs petition.
J.B. Hutton
vs
J.D. Holland
Civil Action
Now at his day comes the said Plaintiff by his Attorney, and files
his replication to the Defendants answer.
The State of Missouri
vs
John Dawson
Indictment for Selling whiskey
Now at this day comes the Circuit Attorney who prosecutes for the
State of Missouri in this behalf and also the said Defendant who and
is being demanded of him of and concerning the [can’t read] and had
to well acquit having of [can’t read] for [can’t read] he is guilty
as he stands charged in said Indictment. It is therefore ordered
adjudged and decreed by the Court that said Defendant be fined in
the sum of Forty Dollars and the Costs in this behalf laid out and
expended and that he stand committed until said fine and costs be
fully paid off and discharged.
The State of Missouri
vs
John Dawson
Indictment for selling whiskey
Now at this day comes the Circuit Attorney who says he will not
further prosecute this action against
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September Term 1867
Regular September Term St. Clair Circuit Court 1867
Sept 24 said Defendant but voluntarily dismisses the same as to him.
It is therefore ordered by the Court that said Defendant, John
Dawson be discharged from His Recognizance bond and go hence without
day on payment of cost.
The State of Missouri
vs
G.S. Dear
Indictment
Continued upon affidavit of Defendant
The State of Missouri
vs
G.S. Dear
Indictment
And Now at this day comes hereinto open Court John Bunch and Alfred
Burch and severally and Jointly acknowledge themselves to owe and
stand Justly indebted to the State of Missouri in the sum of one
hundred Dollars each of their goods and chattles lands and
tenements, to be levied and to the use of the State of Missouri to
be rendered and to be void upon the Conditions that they the each
John Bunch and Alfred Bunch be and appear before the Hon. Judge of
the Saint Clair Circuit Court at the next Regular Term thereof to be
began and holden at the Court House in the Town of Osceola, Saint
Clair County Mo. on the 6th Monday after the Second Monday in
February AD 1868 here and there to testify and the truth to say in a
certain Controversy therein pending, where in the State of Missouri
is Plaintiff and G.S. Dear is Defendant, on its part of the
Plaintiff and not depart the Court without leave Thereof and that
they are content herewith.
The State of Missouri
vs
J.S. Herndon
Indictment
Continued
Ordered by the Court that J.M. Saylan be allowed to sign the Roll of
Attorneys.
J.P. Gasten
vs
James H. Morgan
Civil Action
Now at this day comes the said Plaintiff and files his motion to
make the Public administrator Party Defendant.
William T. Hatefield
vs
John Vaughn
Civil Action
Now at this day comes the said Defendant by his attorney and files
his motion to disolve the attachments in this Cause.
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September Term 1867
Regular September Term St. Clair Circuit Court A.D. 1867
Sept 24 Westley T. Hatfield
vs
John Vaughn
Civil Action
And now at this day comes the said Defendant by his Attorney and
files a motion to disolve the Attachments issued in this cause.
The State of Missouri
vs
J.S. Herndon
Indictment
Now at this day comes the said Defendant J.S. Herndon and L.T.
Rickey as his security, and severally and Jointly acknowledge
themselves to owe and stand Justly indebted to the State of Missouri
in the sum of Five Hundred Dollars, of their Goods and chattles,
lands and tenements to be levied and to the use of the State of
Missouri to be rendered, and to be void, upon Condition that the
said Defendant, J.S. Herndon, be and appear at the next Regular Term
of the Saint Clair Circuit Court to be began and holden at the Court
House in the Town of Osceola on the 6th Monday after the second
Monday in February and then and there to answer unto the Estate of
Missouri upon an Indictment for Robery whereof he stands charged and
that he depart not the Court, without leave thereof and abide the
decision of the Court and that they are codical herewith.
The State of Missouri
vs
Benjamin F. Snyder
Indictment for Grand Larceny
Now at this day comes the Circuit Attorney and say he will not
further prosecute this Defendant, as to the second count of said
Indictment but voluntarily dismisses the same as to him.
W.B. Robinson
vs
James M. Cooley
Civil Action
Rule to open and file depositions taken in this cause.
The State of Missouri
vs
Benjamin F. Snyder
Indictment for Grand Larceny
Continued upon affidavits of Defendant
The State of Missouri
Vs
Benjamin F. Snyder
Indictment for Grand Larceny
Now at this day comes Paton How and acknowledges himself to owe and
stand Justly indebted to the State of Missouri, in the sum of One
hundred Dollars of his goods and chattles Lands and tenements to be
levied and to the use of
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September Term 1867
Regular September Term Saint Clair Circuit Court A.D. 1867
September 24
the State of Missouri to be rendered and to void upon Condition that
the said Paton How be and appear before the Hon. Judge of the St.
Clair County Circuit Court on the first day of the next Regular Term
thereof, to be began and holden at the Court house in the Town of
Osceola, on the sixth Monday after the second Monday in February
next then and there to testify and the Truth to say in a certain
Controversy therein pending, wherein the State of Missouri, is
Plaintiff and Benjamin F. Snyder is Defendant, on the part of the
Plaintiff, and that he depart not the Court, without leave thereof,
and that herewith he is Content.
The State of Missouri
vs
Henry Tully
Indictment for Per Jury
Continued by Consent of Parties
The Merchants Bank of St. Louis
vs
F.M. Cole and James Cole & J.J. Scott
Civil Action on Note
And now at this day comes the said Plaintiff by her attorney and it
appearing to the satisffaction of the Court that the said Defendant
has been duly served with process more than fifteen days next before
the first day of this term of this Court, and being solemnly called
comes not but herein makes default, nor have they or either of them
or any one for them or either of them filed any answer herein
whereby this action remains against them wholly undefended. And this
action being founded on a promissory note for the direct payment of
money wherefore Plaintiff ought to recover, and the Court doth find
from an instrument of writing filed herein that the said Defendant
does owe and Stand Justly indebted to said Plaintiff in the sum of
$337.23/100 for his Debt and Damages. It is therefore ordered
adjudged and Decreed by the Court that said Plaintiff have and
recover of and from the said Defendants F.M. Cole and James Cole &
J.J. Scott the said sum of Three hundred and thirty seven Dollars
and thirteen cents for her debt and damages as also her costs and
charges in this behalf laid out and expended, and that the have
therefor Execution.
The Merchants Bank of Saint Louis
vs
Wm Lewellen, J.W. Blakney and Thamer Rickey admx of the Est. of
James Rickey Dec’d
Now at this day comes the said Plaintiff and says he will not
further prosecute this Action against Thamer Rickey administratrix
of James Rickey Deceased but
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September Term 1867
Regular September Term Saint Clair Circuit Court 1867
voluntarily dismisses the same as to her. And it further appearing
to the Court that the said Defendants, William Luellen, and J.W.
Blakney have been duly served with process more than 15 days before
the first day of this Term of this Court, and being solemnly Called
Comes not but herein makes default, nor have they or either of thtem
nor, any one for them or either of them filed any answer herein
whereby this action remains against them wholly undefended. And this
action being founded on a promissory note for the direct payment of
money where fore plaintiff ought to recover, And the Court doth find
from an instrument of writing herein filed that the said Defendants,
does owe and stand Justly indebted to Plaintiff, in the sum of
$141.44/100 for her Debt and damages.
It is therefore ordered adjudged and decreed by the Court that said
Plaintiff have and recover of and from the said defendants Wm.
Lewellen and J.W. Blakney the said sum of One hundred and forty one
Dollars and forty four cents for her debt, and damages, as also the
Cost and charges in this behalf laid out and expended, and that she
have execution therefor.
Merchants Bank
vs
Jno. F. Weidemery, Jno. M. Weidemeyer, Jno. F. McClain and Daniel P.
Morgan
Civil Action
Now at this day comes the said Plaintiff by her Attorney, and
suggests the Death of the said Defendant, John T. McClain, and
request that Henry Denney the administrator for St. Clair County be
made a party Deft. It is therefore ordered by the Court that said
Public administrator be made party Defendant, and that a summons
issue against him, returnable to the next Term of this Court.
Merchants Bank of St. Louis
vs
John F. Weidemeyer, John M. Weidemeyer, John T. McClain and D.P.
Morgan
Civil Action
Now at this day comes again said Plaintiff by her Attorney and says
she will not further prosecute this action against said D.P. Morgan
but voluntarily dismisses the same as to him. And it further
appearing to the Court, that the said John F. Weidemeyer and John M.
Weidemeyer, cannot be served with process in this action. It is
therefore ordered by the Court, that the following Publications be
made Notifying said Defts
Page 154:
September Term 1867
John F. Weidemeyer and John Weidemeyer, that an action has been
Commenced against them in the Circuit Court of St. Clair Circuit
Court in the State of Missouri, by Petition and Attachment founded
on a promissory note bearing date at Warsaw, Mo. July 5th 1861 for
the sum of $1550- payable four months after date, without
defalcation or discount. That their property has been attached. And
that unless they be and appear at the next Regular Term of this
Court to be begun and held at the Court House in the Town of
Osceola, County and State aforesaid, on the sixth Monday after the
second Monday in February next, and on or before the third day
thereof if the Term shall so long continue and if not then before
the end of the Term and plead answer or demur to plaintiffs petition
the same will be taken as confessed, and Judgement will be rendered
accordingly and their property sold to satisfy said Debt damages and
the Cost of suit. And it is further ordered by the Court that a Copy
hereof be published in the Osceola Herald a newspaper published and
printed in the County of St. Clair and State of Mo. for four weeks
successively the last insertion thereof being at least four weeks
next before the first day of the next Term of this Court.
Pines R. Dunn
vs
Henry Reese
Civil Action
Now at this day comes said Defendant by his Attorney and files his
Answer to Plaintiffs Petition.
Merchants Bank
vs
R.W. McNeil admr of the Estate of J.M. Gatewood Deceased
Civil Action
Now at this day comes said Defendant and files his answer to
Plaintiffs petition.
Merchants Bank
vs
Wm. Kennedy, Jacob Saylor, Lawrence Lewis, and Stinson S. Stearnes
Civil Action
Now at this day comes said Defendant, Lawrence Lewis and enters his
voluntary appearance herein, and leave granted them to plead 60 days
before the next Term of this Court.
Matilda Waldo
vs
Jeudiah Waldo
Civil Action for Damages
Continued
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September Term 1867
Regular September Term Saint Clair Circuit Court A.D. 1867
Sept 24
Derby and Day
vs
W.P. Johnson
Civil Action
Continued
J.R. Lewellen
vs
William Hodgson and Felix Lewellen
Civil Action
Now at this day comes the said Defendant and files their answer to
Plaintiffs petition.
Merchanats Bank
Vs
Wm. H. Scobey and others
Civil Action
Now at this day comes the said Defendants and files their answer to
Plaintiffs petition.
Thomas Denney, Pub administrator having in charge the Estate of
Chas. H. Yeater
vs
J.C. Looney
Civil Action
Now at this day comes the said Defendant by his Attorney, and files
his answer to plaintiffs petition.
Merchants Bank
vs
David Chinn
Civil Action
Now at this day comes the said Defendant David Chinn and files his
answer to plaintiffs petition.
Merchants Bank
vs
Andrew McKibben
Now at this day Comes the said Defendanat and files his answer to
plaintiffs petition.
Robert P. Cole
vs
D.S. Short
Civil Action
Now at this day comes the said Plaintiff by his Attorney and files a
Replication to Defendants answer.
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September Term 1867
Regular September Term Saint Clair Circuit Court 1867
Sept 24
Robert Allen assignee of J.F. and J.M. Weidemeyer
vs
R.P. Cole
Civil Action
Now at this time comes said Defendant and files his Answer to
plaintiffs petition.
The State of Missouri
vs
John J. Armstrong
Indictment for felonious assault
Now at this day comes the Circuit Attorney who prosecutes for the
State of Missouri in this behalf as also the said Defendant in his
own proper person and it being demanded of him of and concerning the
premises and how he will acquit himself of the same for Plea says he
is not guilty as he stands charged in said Indictment, whereupon
Comes the following Jury towit: J.A. McCronnely, W.F. Hatfied Sen.,
Jabel Brown, William O. Martin, David T. Short, John E. Cole,
William H. Summers, John Cochran Sen., John Cochran Jr., John W.
Gurnsey, S.G. Disbon, and T.A. Peebly 12 good and lawful men duly
elected tried and sworn well and truly to try the issue Joined and
having heard the evidence and the arguments of the Council, retired
to Consider the same. And now again comes the said Jury herein open
Court and by their foreman reports that they can not agree and are
therefore permitted to separate under charge of the Court until
tomorrow morning 9 O’clock.
James C. Hinkle
vs
George W. Witzel
Civil Action
Now at this day comes the said Defendant, and files his Answer to
Plaintiffs petition.
H. Dover administrator of the Estate of J.N. Roe
vs
H.C. Roe etal
Civil Action
Now at this day comes the said Defendants and files their answer to
plaintiffs petition.
Ordered that Court adjourn until tomorrow morning.
B.H. Emerson Cir Judge
Page 157:
September Term 1867
Regular Term September Saint Clair Circuit Court AD 1867
Sept 25
Wednesday morning September 25, 1867.
Court met pursuant to adjournment
Present as on yesterday
Merchants Bank of St. Louis
vs
Wm. J. Mayo.
Civil Action
Now at this day comes again the said parties and the motion
heretofore filed to set aside the Judgement, rendered in this cause
is taken up and argued, and it appearing to the Court here that the
notice of the order of Publication was not sufficient to authorize a
Judgement against the defendant herein, and is therefore irregular
and void. It is therefore ordered, considered, adjudged and decreed
by the Court that the Judgement heretofore rendered herein at the
March Term of this Court on the [space] day of [space] 1867 be set
aside, and held and esteemed for naught, and that the execution
issued thereon be quashed. And it is further ordered by the Court,
that this cause be reinstated on the docket and that all alias writs
of Attachments served against said Defendant William Mayo returnable
to the next Term of this Court.
And It now appearing to the Court here that the said Defendant
William J. Mayo, cannot be summoned to this Action on ordinary
summons. It is therefore ordered adjudged and Decreed by the Court,
that the following Publication be made notifying said Defendant
William J. Mayo, that an action has been commenced against him by
petition and attachment in the Circuit Court of Saint Clair County
in the State of Missouri, founded on a promissory note dated
September 16th 1861 payable four months after date for five Hundred
Dollars credit, Nov 12th 1866 Three hundred forty eight 25/100
Dollars. That his property has been attached and that unless he be
and appear at the next Regular Term of this Court to be began and
holden at the Court House in the City of Osceola Saint Clair County,
and State of Missouri on the fifth Monday of on the second Monday in
February next, and on or before the third day thereof, of the Term
shall so long continue (if not then before the end of the Term and
plead, answer or demur to plaintiff petition the same will be taken
as confessed and Judgement rendered accordingly, and his property
sold to satisfy said debt damages, and the Costs of suit.
It is further ordered by the Court that, a copy hereof be published
in the Osceola Herald, a newspaper printed and published in the Town
of Osceola, Saint Clair County Missouri, for four weeks successively
the last insertion thereof to be at least four weeks next before the
first day of the next Term of this Court.
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September Term 1867
Regular September Term St. Circuit Court AD 1867
Sept 25
The Merchants Bank of Saint Louis
vs
M.M. Hausbrough, Aaron Trippett, Pines R. Dunn and H.W. Sims
Civil Action
And now again comes here into open Court the said parties by their
attorney, and motion heretofore filed to set aside the Judgement
heretofore rendered in this cause, and grant the execution issued
Thereon, is taken up and argued And it appearing to the Court here,
thus, that the notice of the Publication was not sufficient to
authorize as Judgement against the Defendants herein, and is
therefore irregular and void. It is therefore Ordered adjudged and
Decreed by the Court, thus that the Judgement heretofore rendered
herein at the March Term of this Court for the year 1867 be set
aside and for naught held and esteemed, and that the execution
issued thereon be quashed.
Merchants Bank of Saint Louis
vs
M.M. Hausbrough, Aaron Trippett, Pines R. Dunn and H.W. Sims
Civil Action
Now at this day comes the said Plaintiff and requests that this
cause be redocketed. And that an alias Writ of Attachment issue
against said Defendants, returnable to the next Term of this Court.
Merchants Bank of Saint Louis
vs
M.M. Hausbrough, Aaron Trippett, Pines R. Dunn and H.W. Sims
Civil Action
Now at this day comes again said Plaintiff, by her Attorney, and it
appearing to the satisfaction of the Court here that the said
Defendants are non residents of the State of Missouri, and that the
usual process of law cannot be served upon them. It is therefore
ordered adjudged and decreed by the Court that Publication be made
notifying said Defendants that an action has been commenced against
them by Petition and attachment in the Circuit Court of St. Clair
County in the State of Missouri founded on a promissory note bearing
date Osceola Mo. September 18, 1866 payable at the Branch of the
Merchants Bank of St. Louis, at Osceola, four months after date for
the sum of ($108.25/100) one hundred and eight Dollars, that their
property has been Attached and that unless they be and appear at the
next term of this Court, to be began and held at the Court House in
Osceola County and State aforesaid, on the fifth Monday after the
second Monday in February next then and on or
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September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867
Sept 25
before the third day thereof if the Term shall so long Continue and
if not then before the end of the Term and plead answer or demur to
the Plaintiffs petition the same will be taken as Confessed and
Judgement rendered accordingly, and his property sold, to satisfy
the same together with Costs of suit. And It is further ordered by
the Court that a copy hereof be published in the “Osceola Herald” a
newspaper printed and published in the County of St. Clair and State
of Missouri, for four weeks successively the last insertion thereof
being at least four weeks next before the first day of the next Term
of this Court.
Merchants Bank of Saint Louis
vs
W.J. Mayo, Thos. N. Henly and Samuel P. Hedges
Civil Action by Attachment
Now at this day comes the said parties by their Attorneys and the
motion heretofore filed to set aside the Judgement heretofore
rendered in this cause and to quash the execution issued thereon is
argued. And it appearing to the Court here that the notice of the
order of Publication was not sufficient to authorize a Judgement
against the defendant herein, and is therefore irregular and void.
It is therefore ordered adjudged and decreed by the Court that the
Judgement heretofore rendered herein at the March Term of the Court
AD 1867, be set aside, and held and esteemed for naught. And that
the execution issued thereon be quashed.
The Merchants Bank of Saint Louis
vs
W.J. Mayo, Thomas N. Henley and Samuel P. Hedges
Civil Action by Attachment
Now at this day come the said Plaintiff by her Attorney, and
requests that this cause be reinstated on the Docket. And that an
alias wit of Attachment issue herein returnable to the next term of
this Court.
The Merchants Bank of Saint Louis
vs
W.J. Mayo, Thomas N. Henley and Samuel P. Hedges
Civil Action by Attachment
Now at this day comes again the said Plaintiff, by her Attorney and
it appearing to the satisfaction of the Court here that the said
Defendants cannot be served with process as the law directs it is
therefore ordered by the Court that Publication be made notifying
said Defendants, that an action has been commenced against them by
petition and attachment in the Circuit Court
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September Term 1867
Regular September Term Saint Clair Circuit Court 1867
Sept 25
of Saint Clair County Missouri, founded on a promissory note for the
sum of One Thousand Dollars and interest bearing date, May 27, 1861
payable at the Bank of the Merchants Bank of Saint Louis, at Osceola
Mo., four months after the date thereof. And that their property has
been attached. And that unless they be and appear, at the next
Regular, Term of this Court to be began and holden at the Court
House in the Town of Osceola Mo. County and State aforesaid on the
sixth Monday after the second Monday in February AD 1868 and on or
before the third day thereof if the Term shall so long continue if
not, then before the end of the Term and plead answer or demur, to
Plaintiffs petition, the same will be taken as confessed, and
Judgement, rendered accordingly. And their property sold to satisfy
the debt damages and costs.
It is further ordered by the Court, that a copy hereof be published
in the “Osceola Herald” a newspaper printed and published in the
County and State aforesaid, for four weeks successively, the last
insertion thereof being at least four weeks next before the first
day of the next Term of this Court.
Merchants Bank of Saint Louis
vs
Wm. H. Scobey, and R.W. McNeils admr of the Estate of J.M. Gatewood
dec’d
Civil Action
Now at this day comes again the said Defendants R.W. McNeil admr by
his attorney and presents his petition heretofore filed for a change
of venue in the cause to some other County in this Circuit, and
stating for reason whereof, that the wards of the inhabitants of
Saint Clair Court are prejudiced against him and the Estate he
represents, that a fair and impartial trial cannot be had therein.
It is therefore ordered, adjudged and Decreed by the Court, that a
change of venue be granted in this cause to the County of Henry in
the State of Missouri, and that the Clerk of this Court make out and
transmit to the Clerk of the said Henry Circuit Court a full True
and complete transcript of all the Records and proceedings had in
this cause in this Court.
Elizabeth Deshazo
vs
J.F. and J.M. Weidemeyer
Civil Action by attachment
Now at this day comes again the said Defendants by their attorney
and the motion heretofore filed in this cause taken up to set aside
the arguments And it appearing to the Court, here that the motion of
the Order of Publication was not sufficient to authorize a
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September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867
Sept 25
Judgement against the Defendants herein. It is therefore ordered
adjudged and decreed by the Court that, that the Judgement
heretofore rendered in this cause at the March Term of this Court be
set aside, and that the Execution issued thereon be quashed and held
and esteemed as naught.
John Upton
vs
J.F. Weidemeyer and J.M. Weidemeyer
Civil Action by Attachment
Now at this day comes again the said parties and the motion
heretofore filed to set aside the Judgment rendered herein and to
quash the Execution issued thereon is argued, and it appearing to
the Court here, that the notice of the Order of Publication was not
sufficient to authorize a Judgement against the Defendant herein It
is therefore ordered adjudged and Decreed by the Court that the
Judgement heretofore rendered herein, by this Court at the March
Term heretofore the year AD 1867 be and the same is hereby set
aside, and the Execution thereon quashed and held and esteemed for
naught.
David T. Short
vs
J. M. Weidemeyer and J.F. Weidemeyer
Civil Action by Attachment
Now at this day comes again the said parties and the motion
heretofore filed to set aside the Judgment rendered herein and to
quash the Execution issued thereon is argued, and it appearing to
the Court here, that the notice of the Order of Publication was not
sufficient to authorize a judgement against the Defendant herein It
is therefore ordered adjudged and Decreed by the Court that the
Judgement heretofore rendered herein, by this Court at the March
Term heretofore the year AD 1867 be and the same is hereby set
aside, and the Execution thereon quashed and held and esteemed for
naught.
The State of Missouri
vs
Jacob Fleming
Indictment for Arson
Now at this Day comes the Circuit Attorney who prosecutes for the
State of Missouri on their behalf and says he will not further
prosecute this suit against the said Defendant Jacob Fleming but
voluntarily dismisses the same as to him. It is therefore ordered
adjudged and decreed by the Court that said Defendant be discharged
from this recognizance Bond and go hence without day.
Page 162:
September Term 1867
Regular September Term Saint Clair Circuit Court 1867
Sept 25
B.F. White
vs
James Collins
Civil Action
Now at this day comes the Defendant and files his answer to the
Plaintiff petition.
R. Allen assignee of J.F. and J.M. Weidemeyer
vs
Robert P. Cole
Civil Action
Now at this time comes the said Plff by his Attorney and files a
motion to strike out part of Defendants answer.
[Note: this entry is crossed out]
Merchants Bank
vs
C. Hoover, Wm. M. Cox, P. A. Motley and M. Dark
Civil Action
Now at this day comes the said Plaintiff by his Attorney and it
appearing to the court here that, from the return of the sheriff of
St. Clair County, that the said Defendants C. Hoover, P.A. Motley
and M. Dark, have been duly served with process more than 15 days
before the first day of this term of this Court. And it further
appearing to the Court here, by the affidavit of H.D. Davis
publisher of the “Lexington Weekly Union” a newspaper printed and
published within State of Missouri, That said Defendant Wm. M. Cox
has been notified of the pending of this action against him by
publication thereof in said paper for four weeks successively the
last insertion thereof being at last four weeks next before the
first day of this Term of this Court, and being solemnly called
three times come not but herein make Default, nor have they or
either of them or any one for them, or either of them filed any
answer herein whereby this action remains against them wholly
undefended. And this action being founded on a promissory note for
the direct payment of money wherefore Plaintiff ought to recover,
and the Court doth find from an instrument of writing filed herein
that said Defendants did owe and stand Justly indebted to said
Plaintiff in the sum of $417.75/100 for her debt and damages. It is
therefore ordered adjudged and decreed by the Court that said
Plaintiff have and recover of and from the said Defendants the said
sum of Four hundred and Seventeen Dollars and Seventy five cents for
his Debt and damages as also his costs and charges in this behalf
laid out and expended and that she have Therefore execution.
[Left hand margin is written: Error. See page 180]
R. Allen assignee of J.F. and J.M. Weidemeyer
vs
R.P. Cole
Motion to strike out answer with demurs
Page 163:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867.
Sept 25
The State of Missouri to the use of Crow McCrary & Co.
vs
P.M. Cox
Civil Action
Now at this day comes the said Deft and enters his voluntary
appearance, and cause continued with leave to plead by the first day
of the next Term of this Court.
Merchants Bank
vs
Joshua Bailey
Civil Action
Now at this day comes the said Defendants and files his answer to
Plaintiffs petition herein.
Merchants Bank
vs
George W. Short, et al
Civil Action
Now at this day comes the said Defendants, and files their amended
answer to the plaintiffs petition herein.
A. Denney Public administrator for Saint Clair County, being in
charge the Estate of J.W. Roe dec’d
vs
H.C. Roe and R.R. Moore
Civil Action
Now at this day comes again the said Defendants and files their
amended answer to the Plaintiffs petition herein.
Tripplet and Dunn
vs
Rich’d. R. Cox
Civil Action
Now at this day comes the said Deft and files his petition for a
continuance in this cause.
Robert P. Cole
vs
James T. Short
Civil Action
Now at this day comes the said parties and being ready for trial
comes the (can’t read) Jury to wit. A.B. Parks, Albert Clements,
Zudack Smith, Jacob Thompson, W.R. Tall, William Thompson, William
Billings, R.N. Nance, R.H. Dear, R. Lenox, James Heart and John
Roberts 12 good and lawful men duly elected tried and sworn well and
truly to try the cause joined and a true record given. And having
heard the evidence and the arguments of the Cause not being
completed the said Jury is permitted to separate in charge of the
Court until tomorrow morning 8 O’clock.
Page 164:
Regular September Term St. Clair Circuit Court 1867
Sept 25
The State of Missouri
vs
John J. Armstrong
Indictment for felonious Assault
Now at this day comes again the Circuit Attorney as also the said
Defendant, in his own proper person, and the said Jury towit: J.A.
McConnels, W.T. Hatfield sen., Jabel Brown, Wm. O. Martin, David T.
Short, John E. Cole, William H. Summers, John Cochran Sen., John
Cochran Jr., John W. Griensey, S.G. Disbron, and T.A. Peebley, 12
good and lawful men duly elected tried and sworn well and truly to
try the issue Joined and having heard the testimony, and the
argument, of the Council, and now comes the said Jury and by their
foreman reports that they cannot agree on a verdict in this case. It
is therefore ordered adjudged and decreed by the Court that said
Jury be discharged and the said Defendant be and appear at the next
Term of this Court (can’t read).
Samuel H. Martin
vs
John F. Weidemeyer and John M. Weidemeyer
Civil Action
Now at this day comes the said Defendants and the motion heretofore
filed to set aside the Judgement rendered in this cause and to quash
the execution issued thereon, is taken up and argued and it
appearing to the Court here that notice of the order of Publication
was not sufficient to authorize a judgement against the defendants
herefore. It is therefore ordered adjudged and Decreed by the Court
that the Judgement heretofore executed herein be rendered void and
for naught, held and reversed and that the Execution thereon
quashed.
Samuel H. Martin
vs
John F. Weidemeyer and John M. Weidemeyer
Civil Action
Now at this day comes the said Plaintiff by his attorney and
requests that this cause be reinstated on the docket.
Samuel H. Martin
vs
John F. Weidemeyer and John M. Weidemeyer
Civil Action
Now at this day comes again the said Plaintiff by his Attorney and
it appearing to the Court here that the said Defendants cannot be
served with process to this action. It is therefore ordered by the
Court that the following publication be made notifying the said
Defendants John F. and John M. Weidemeyer that an action has been
commenced against them by petition and attachment in the Circuit
Court of St. Clair County
Page 165:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867
Sept. 25
Missouri, founded on a Promissory note for the sum of $1000.00/100
one thousand Dollars for value received payable one Day after date,
with ten per cent per annum from the date thereof date at Osceola,
Mo. Sept 20th 1860, and that their property has been attached, and
that unless they be and appear at the next Regular Term of this
Court on the fifth Monday after the second Monday in February Next,
(AD 1868) on or before the third day thereof if the Term shall so
long Continue (and if not, then before the End of the Term) and
plead, answer or demur to plaintiffs petition the same will be taken
as confessed and Judgement rendered accordingly, and his property
sold to satisfy the debt, damages and costs. It is therefore ordered
by the Court that a copy hereof be published in the “Osceola Herald”
a newspaper printed and published in the County of St. Clair, and
state of Missouri, for four weeks successively, the last insertion
thereof being at least four weeks before the first day of the next
term of this Court.
Elizabeth Deshazo
vs
John F. Weidemeyer and J.M. Weidemeyer
Civil Action
Now at this day comes the said Plaintiff and moves the Court to
reinstate this Cause which is accordingly done.
Elizabeth Deshazo
vs
John F. Weidemeyer and John M. Weidemeyer
Civil Action
Now at this day comes the said Plaintiff by his Attorney and it
appearing to the Court here that the said Defendants cannot be
summoned to this action. It is therefore ordered adjudged and
decreed by the Court that the following order of Publication be made
notifying said Defendants John F. Weidemeyer and John M. Weidemeyer
that an action has been commenced against them by petition and
attachment in the Circuit Court of Saint Clair County in the State
of Missouri, founded on a promissory dated at Osceola Mo. Oct 15th
1860, for the sum of $400.00 Four hundred Dollars due one Day after
date with interest thereon at the rate of ten per cent per annum
from date. That their property has been attached, and that unless
they be and appear at the next Regular Term of this Court to be
begun and holden at the Court House in the City of Osceola Mo. on
the fifth Monday after the second Monday in February next, and on or
before the Third day thereof if the Term shall so long continue if
not Then before the end of the Term and plead answer, or demur to
Plaintiffs petition the same will be taken as Confessed
Page 166:
September Term 1867
Regular September Term of St. Clair Circuit Court AD 1867
Sept. 26
and Judgement accordingly and their property sold to satisfy the
debt damages and costs.
It is therefore ordered by the Court that a copy hereof be published
for four weeks successively in the Osceola Herald a newspaper
printed and published in the County of St. Clair, and State of
Missouri the last insertion thereof being at least four weeks next
before the first day of this the next Term of this Court.
The State of Missouri
vs
J.J. Aarmstrong
Indictment for fellonious Assault
Now at this day comes again the said parties as also the said Jury
to wit. J.A. McCormick, W.F. Hatfield Sen., Jabel Brown, Wm. O.
Martin, David T. Short, John E. Cole, Wm. H. Summers, John Cochran
Sen., John Cochran Jr., John H. Gurnsney, G.S. Dishard, T.A. Peebly
and by their foreman presents that they cannot agree on a verdict in
this case. It is therefore ordered by the Court that the said Jury
be discharged and that the case stand Continued until the next Term
of this Court.
Keller and Gardner admrs
vs
A.C. Summers
Civil Action
Now at this day comes the said Defendant and files his answer to
plaintiffs petition herein.
Ordered that Court adjourn until tomorrow morning 9 O’clock.
Cir Judge
Page 167:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867
Sept. 26
Thursday morning September 26th 1867.
Court met, pursuant to adjournment
Present as yesterday.
William F. Hatfield
vs
John Vaughn
Civil Action
Now at this day comes the said Defendant and files his answer to
Plaintiffs petition.
Wiseley T. Hatfield
vs
John Vaughn
Civil Action
Now at this day comes the said Defendant and files his answer to
plaintiffs petition.
Henry Denney Public admr of St. Clair County, having in charge the
Estate of J.W. Roe Decd
vs
H.C. Roe and R.R. Moore
Civil Action
Now at this day comes the said Plaintiff by his Attorney and thereof
says he will not further prosecute this action as to the said
defendant, H.C. Roe but, voluntarily dismisses the same as to him
and it appearing to the Court here that the said R.R. Moore has been
duly served with process more than 15 days before the first day of
this term of this Court, and being solemnly called comes not but
herein makes default, nor has he or any one for him filed any answer
herein whereby this action remains against him wholly undefended and
this action being founded on a promissory note for the direct
payment of money, wherefore plaintiff ought to recover. And the
Court doth find from an instrument of writing herein filed that said
defendant doth owe and stand Justly indebted to said plaintiff in
the sum of $551.22/100 for his Debt and Damage. It is therefore
ordered adjudged and decreed by the Court that said Plaintiff have
and recover of and from the said Defendant, R.R. Moore the said sum
of Five Hundred and fifty and 22/100 Dollars for his Debt and
Damages as also his cost and charges in this behalf laid out and
expended and that he have therefore execution.
J. Nussbarger and __ O. Curtis
vs
Wm. C. Reeder
Civil Action for Debt
Now at this day comes the said Plaintiff by their Attorneys and it
appearing to the Court here that the said Defendants has been duly
served with process more than fifteen days weeks before the first
day of this term of this Court, and being
Page 168:
September Term 1867
Regular September Term Saint Clair Circuit Court 1867
Sept. 26
solemnly called comes not but herein makes default, nor has he or
any one for him filed any answer herein whereby this action remains
against him wholly undefended, and this Action being founded on a
promissory note for the direct payment of money wherefore plaintiff
ought to recover. And the Court doth find from an instrument of
writing filed herein that the said Defendant does owe and stand
Justly indebted to said plaintiffs in the sum of $219.65 for their
debt, and damages. It is therefore ordered, adjudged and decreed by
the Court that said Plaintiffs have and recover of and from said
Defendants the said sum of Two Hundred and Nineteen dollars and
Sixty five cents for their debt and damages as also their Costs and
charges in this behalf laid out and expended and that they have
therefor General Execution.
Merchants Bank
vs
J.L. Hicks, J.S. Williams and William Woodam
Civil Action
Now at this day comes the said Defendant Plaintiff by his attorney
and says he will not further prosecute this action against the said
Defendant J.S. Williams, Wm. Woodman and voluntarily dismisses the
same as to them, and the said Defendant, J.L. Hicks enters herein
his voluntary appearance, and this cause coming on next to be heard
and the said Plaintiff requiring no Jury the same is taken up and
submitted to the Court, here for trial and this Action being founded
on a promissory note for the direct payment of money wherefore
plaintiff ought to recover and the Court doth find from the
testimony that the said Defendant does owe and stand Justly indebted
to the said Plaintiff in the sum of $556.27 for her debt, and
damages. It is therefore ordered adjudged and Decreed by the Court
that said Plaintiff have and recover of and from the said Defendant,
J.L. Hicks the said sum Five Hundred and fifty six 27/100 Dollars
for her debts and damages as also her costs and charges in this
behalf expended and that she have therefor execution.
Rebecca T. Cocke
vs
James L. Thompson’s Est. and Thomas Rickey administrator of the Est.
of James Rickey, Dec’d
Petition to foreclose Mortgage
Now at this day comes the said Plaintiff by his attorney and it
appearing to the Court here that the said Defendants have been duly
served with process more than fifteen days and before the first day
of this Term of this Court and being solemnly called comes not, but
herein makes default nor have they or any one for them filed any
answer herein whereby this action remains against them wholly
undefended nor have they no anyone pleaded as to plaintiff petition
wherefore Judgement should (corner of page torn) of this Court on
this issue cost of Damages.
Page 169:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867.
Sept. 26
Merchants Bank
vs
Lawrence Lewis, William Foster and John M. Weidemeyer
Civil Action
Continued by Consent
Westley D. Hatfield
vs
John Vaughn
Civil Action
Now at this day comes the said Plaintiff by his Attorney, and files
his motion to strike out Defendants plea in abatement.
James Young
vs
Franz Smith and William C. Rader
Civil Action
Now at this day comes the said Plaintiff by his Attorney and files
his amended petition herein.
Henry Denney Public Administrator for Saint Clair County Missouri
having in charge the Estate of Pearson Snyder Deceased
vs
David T. Blake
Civil Action to foreclose Mortgage
Now at this day comes the said Plaintiff by his attorney and it
appearing to the Court here that the said admr of the said Estate
duly appointed as said by the County Court of Saint Clair County
Missouri it being a court of competent jurisdiction. And it
appearing to the Court here from its affd and of W.D. Graham one of
the publishers of the Osceola Herald a newspaper printed and
published in the County of Saint Clair and State of Missouri, that
the said Defendant has been duly notified of the pending of this
action against them by publication in said newspaper for four weeks
successively the last insertion thereof being at least four weeks
last before the first day of this term of this Court and the there
being solemnly called comes not but herein makes default, nor has he
or any one for him filed any answer herein whereby this action
remains against him wholly undefended wherefore judgement by default
is rendered against him. and this cause continued until this term of
this Court for the assessment of damages. And this cause now coming
on for trial and the assessment of damages and the said Plaintiff
requiring no jury the cause is taken up and submitted to the Court
and the said Defendant being again solemnly called comes not but
herein again makes default nor has he or anyone filed any answer
herein whereby this action remains against him wholly undefended.
[left hand margin is too faint to read]
Page 170:
September Term 1867Regular September Term Saint Clair Circuit Court
AD 1867
Sept 26th
this action being founded on a promissory note for the direct
payment of money wherefore plaintiff ought to recover. And the Court
doth further find from an instrument of writing filed herein that
the said Defendant for the purpose of securing the payments of Said
promissory note, Executed and delivered to the Said Parson Snyder in
his lifetime his Certain mortgage deed of the date of July 19, 1861
to the following described Real Estate lying and being situate in
the County of St. Clair, and State of Missouri, described as follows
to wit: The North half of the North East quarter of Section (17)
Seventeen, Township (39) of Range (25) Twenty five, Containing
Eighty acres. It is therefore ordered adjudged and decreed by the
Court that said plaintiff have and recover of and from the said
Defendant the sum of Eighty two Dollars and fifty eight cents for
his debt and damages as also his costs and charges in this behalf
laid out and Expended and that he have thereof special Execution to
be levied upon the above described Real Estate, and that the same be
sold to satisfy said Debt damages and costs, and that the equity of
redemption in and to said mortgaged premises be foreclosed.
R.P. Cole
vs
David T. Short
Civil Action
Now at this day comes the said parties as to the said Jury to wit:
G.B. Pairs, Albert Clements, Fredick Smith, Jacob Thompson, R.P.
Hall, Tillman Thompson, William Tillery, L.N. Davis, R.D. Dear, R.
Lenox, James Hart, John Roberts, 12 good and lawful men duly elected
tried and sworn well and truly to try the issue Joined and a true
verdict gave and the argument of the Counsel being completed the
said Jury elected to consider the same. And now comes again the said
Jury and returns the following verdict to wit: “We the Jury find for
the Plaintiff $397.22 for his debt and damages. T. Thompson foreman”
It is therefore ordered adjudged and decreed by the Court that said
Plaintiff have and recover of and from the said Defendant the said
sum of Three Hundred and Ninety seven 22/100 Dollars for his debt
and damages the amount found by said Jury as also her costs and
charges on this behalf laid out and expended and that he have
therefor Execution.
[written in left hand margin: Paid in full. October 2, 1867. Wm. D.
Graham Clerk]
J.C. Hauk
vs
G. Wetzel
Civil Action
Now at this day comes the said Plaintiff and files his Replivation
to Defendants answer.
Ordered by the Court that the Time of Pleading be limited to and
expire at 10 Oclock tomorrow morning.
Trippett & Dunn
vs
Benjamin Brown
Civil Action
Continued
Page 171:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867
Sept 26
Merchants Bank
vs
J.M. and J.F. Weidemeyer, Samuel Moon and James Cole admr of H. Bell
Deceased
Civil Action on Bill of Exchange
Now at this day comes the said parties and being ready for trial
comes the following Jury to wit. S.H. Martin, J.M. Cooley, W.T.
Thompson, Jos. H. Martin, Robert Martin, T.N. Graham, A. McConnel,
J.W. Robinson, A. Taylor, Christian Hoover, Elisha Cravens, and T.C.
Copenhaver, Twelve good and lawful men duly elected tried and sworn
well and truly to try the issue Joined and a true verdict give and
the evidence not being completed and the Court being about to
adjourn the said Jury is permitted to separate under charge of the
Court until tomorrow morning 9 O’Clock.
Robert Allen assignee of J.M. Weidemeyer Sen.
vs
Fountain C. Delozier
Civil Action
Now at this day comes the said Plaintiff by his Attorney, and it
appearing to the Court herein by the return of the Sheriff of Saint
Clair County, that the said Defendant, Fountain G. Delozier has been
duly served with process more than fifteen days before the first day
of this term of this Court and being solemnly called comes not but
herein makes default nor has he or any one for him filed any answer
herein whereby this action remains against him wholly undefended and
this action being founded upon a promissory note for the direct
payment of money wherefore plaintiff ought to recover and the Court
doth find from the promissory note herein filed that said plaintiff
does owe and stand Justly indebted to said plaintiff in the sum of
$137.10 for his debt and damages.
It is therefore ordered and adjudged and decreed by the Court that
said Plaintiff have and recover of and from the said Defendant the
said sum of one hundred and thirty five Dollars and nineteen cents
for his Debt and Damages as also his cost and charges in this behalf
laid out and expended and that he have therefore execution.
Robert Allen assignee of J.M. Weidemeyer and Son
vs
Ralph C. Bowles
Now at this day comes the said Plaintiff, by his attorney and it
appearing to the Court here that the said Defendant Ralph C. Bowles
has been duly served with process more than fifteen days before the
first day of this Court term of this Court and being solemnly called
comes not but herein makes default, whereby this action remains
against
Page 172:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867
Sept 26th
wholly undefended nor has he or any one for him filed any answer
herein. And this action being founded on a promissory note for the
direct payment of money wherefore plaintiff ought to recover. And
the Court doth find from an instrument of writing filed herein that
said Defendant does owe and stand Justly indebted to said Plaintiff
in the sum of $1137.00 for his Debt and damages. It is therefore
ordered adjudged and decreed by the Court that said Plaintiff have
and recover of and from the said Defendant Ralph C. Bowles the said
sum of One Thousand one hundred and thirty seven Dollars for his
Debt and Damages as also his cost and charges in this behalf laid
out and expended and that he have therefor execution. 10%
Waldo P. Johnson, surviving partner of the firm of William L. Vaughn
& Co.
vs
Samuel Ray
Civil Action by attachment
Now at this day comes the said Plaintiff by his attorney and it
appearing to the satisfaction of the Court, here that the said
Samuel Ray is not a resident of the State of Missouri. It is
therefore ordered adjudged and decreed by the Court publication be
made notifying the said Defendant Samuel Ray that an action has been
commenced against him by petition and attachment in the Circuit
Court of Saint Clair County in the State of Missouri founded on a
promissory note dated “Osceola Mo. 1st July 1860.” Payable tone day
after date for value received with interest thereon from due until
paid and at the rate of 10 per cent per annum which maturity not
paid punctually at the end of each year that becomes principal and
bear interest at the same rate per annum as the principal of the
note. And that his property has been attached and that unless he be
and appear at the next Term of this Court to be begun and holden at
the Court House in the Town of Osceola on the sixth Monday after the
second Monday in February next (1868) and on or before the third day
thereof if the Term shall so long Continue if not then before the
end of the Term and plead answer or demur to plaintiffs petition the
same will be taken as confessed and Judgement rendered accordingly.
And his property sold to satisfy the same. It is therefore ordered
adjudged and Decreed by the Court that a copy hereof be published
for four weeks successively in the “Osceola Herald” a newspaper
printed and published in the County of St. Clair and State of
Missouri, the last insertion thereof being at least four weeks next
before the first day of the next Term of this Court.
R. Allen assignee of J.M. Weidemeyer and Son
vs
Joseph Collier
Civil Action
Now at this day comes the said Plaintiff
Page 173:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867
Sept 26th
by his Attorney, and it appearing to the Court here that the said
Defendant has been duly served with process more than fifteen days
before the first day of this term of this Court and being solemnly
called comes not but herein makes default nor has he or any one for
him filed any answer herein whereby this action remains against him
wholly undefended. And this action being founded on a promissory
note for the direct payment of money wherefore plaintiff ought to
recover. And the Court doth find from an instrument of writing filed
herein that the said Defendant does owe and stand Justly indebted to
said plaintiff in the sum of $90.37 for his debt and damages. It is
therefore ordered adjudged and Decreed by the Court that said
Plaintiff have and recover of and from the said Defendant Joseph
Collier the said sum of Ninety Dollars and Thirty seven Cents for
his debt and damages as also his cost and charges in this behalf
laid out and expended and that he have execution therefor.
Wm. Lucas, Charles L. Thompson and Samuel Hicks
vs
Wm. H. Ritchey and the Estate of Uriah L. Sutherland Dec’d
Civil Action
A.G. Clark substituted as administrator of said Estate and Enters
his voluntary appearance herein and consents to trial.
Wm. Lucas, Charles L. Thompson and Silas Hicks, Jr.
vs
W.W. Ritchey and A.G. Clark administrator (can’t read) of the Estate
of Uriah L. Southerland Dec’d
Civil Action
Now at this day comes the said Plaintiff and the said Defendant,
W.W. Ritchey although duly served with process more than fifteen
days before the first day of this term of this Court and solemnly
called comes not but herein makes default, nor has he or any one for
him filed any answer herein whereby this action remains against him
wholly undefended. And the said Defendant A.G. Clarke administrator
(can’t read) of the Estate of U.L. Sutherland enters herein his
voluntary appearance and consents to trial. And the said parties
requiring no Jury the same is taken up by and submitted to the Court
And this action being founded on a promissory note for the direct
payment of money wherefore Plaintiff ought to recover and the Court
doth find from an instrument of writing filed herein that the said
Defendant does owe and stand Justly indebted to said plaintiff in
the sum of $666.56 for his debt and damages. It is therefore ordered
adjudged and Decreed by the Court that said Plaintiff have and
recover of and from the said Defendant the said sum
Page 174:
September Term 1867
Regular September Term Saint Clair Circuit Court 1867
Sept 26th
of Six hundred and sixty Dollars, 56 Cents for their debt and
damages as also his cost and charges in this behalf laid out and
expended and that execution go therefore.
Ann W. Todd administratrix of the Estate of D.P. Todd Dec’d
vs
J.R. Young and W.M. Gant
Civil action by Attachment
Now at this day comes the said Plaintiff by her Attorney and
requests that this cause be reinstated on the docket which is done
accordingly.
George L. Yeater
vs
Wm. Harris
Civil Action
Dismissed at Plaintiffs costs
Wm. Gordon
vs
John McMinty
Civil Action
Ordered by the Court that the Clerk of this Court change his writ of
Attachment issued herein on as to said John McMinty instead of
William McMinty. And that the Shff. Also change his return to
conform thereto.
Trippett and Dunn
vs
R.L. Hopkins
Civi Action
Continued on application of Defendant
Now at this day comes the Grand Jury as a body here into open Court
and by their foreman presents an Indictment against various parties,
which is ordered to be filed and Capias ordered to serve thereon.
Ordered that Court adjourn until tomorrow morning 9 O’clock.
Cir Judge
Page 175:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867.
Sept 26
Friday morning Sept 27 1867.
Court met pursuant to adjournment
present as yesterday
The State of Missouri
vs
Philerman R. Higgins
Indictment for Grand Larceny
Continued upon affidavit of Defendant
The State of Missouri
vs
James Cave
Indictment for Grand Larceny.
Continued by the State.
The State of Missouri
vs
Philerman R. Higgins.
Indictment for Grand Larceny
Ordered by the Court that this case be docketed and that capias
issue thereon.
Merchants Bank of Saint Louis
vs
J.F. Weidemeyer et al
Civil Action on Bill of Exchange
Consent asked with leave to withdraw papers sued on.
A.W. Todd
vs
S. Todd
Partition
E.J. South appointed Guardian adlitem, with leave to file answer for
minor defendant, whereupon the said Guardian ad litem files answer
of Thos D. Todd, Elzora W. Todd, Edward Todd the minor defts herein.
The State of Missouri
vs
Philaman R. Higgins
Indictment for Grand Larceny
Now at this day comes William T. Anderson, W.R. Hall, Henry Hall, E.
Hall, J.W. Dooley, R.D. Dunn and David Hall and severally
acknowledge themselves to owe and stand Justly indebted to the State
of Missouri in the Sum of one hundred Dollars each of their goods
and chattles lands and tenements to be levied and to the use of the
state of Missouri to be rendered and be void upon the Conditions
that the said parties herein mentioned shall be and appear at the
next Regular Term of this Court to be began and holden at the Court
House in the Town of Osceola Saint Clair County Mo on the sixty
Monday after the second Monday in February and then and there to
testify and the Truth to say on a certain controversy herein
presented wherein the state of Missouri
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September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867.
Sept 27th
is Plaintiff and P.R. Higgins is Defendant on the part of the
Plaintiff, and that they depart not the Court without leave thereof
and that herewith they are content.
Elizabeth J. Cooley
vs
John Campbell et al
Civil Action
Alias writs to Sheriff of Saint Clair County ordered.
Crow McCrury & Co.
vs
L.F. Metcalf
Civil Action
Alias writs to Shff of Saint Clair County.
Wm. T. Hatfield
vs
John Vaughn
Civil action
Amended Plea in abatement filed.
Westley T. Hatfield
vs
John Vaughn
Civil Actioin
Amended plea in abatement filed.
John P. Barr
vs
T.W. Collins
Civil Action
Now at this day comes the said Defendant and files his answer to
Plaintiffs petition.
Merchants Bank
vs
George T. Shan et al
Civil Action
Now at this day comes the said Plaintiff And files a motion to
strike out Defendants third amended answer which is argued and by
the Court overruled. And the Cause Continued until the next term of
this Court on application of Defts.
Keller and Gardner admrs
vs
A.C. Summers
Civil Action
Now at this day comes the said Parties and the Demurers heretofore
filed is taken up and argued and by the sustained. And leave granted
plaintiff to file his amended petiton sixty days before the next
term of this Court.
J.P. Gaston
vs
J.H. Morgan
Civil Action
Henry Denney Public administrator for St.
Page 177:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867.
Sept 27
Clair County Missouri, having in charge the Estate of Sarah Morgan
Deceased, made party Defendants.
Now at this time comes the Grand Jury in a body here in open Court,
and by their foreman presents Indictments against various parties
which are ordered to be filed, and Capias issue thereon and having
no further business are discharged.
In the matter of Samuel Hackett
Petition for relief
Now at this day comes the said petitioner and presents his petition
heretofore filed, herein, stating Among other things that he has
done acts, which by the Terms of the Third section of the second
article of the Constitution of the State of Missouri prevents him
from taking the oath of Loyalty, prescribed, by the Terms of said
third section of the Constitution and praying the Court here that
such disabilities be removed. And it appearing to the Court, here
that the said Samuel Hackett has been in and performed service in
the United States army for more than Two years, next before the
filing of this petition. And it appearing to the Court here from
Competent Testimony, that the said Samuel Hackett has deemed himself
as a good and loyal Citizen of the United States and the State of
Missouri, since the time of Entering the services of the United
States. It is therefore considered by the Court that said Samuel
Hackett be relieved from taking the said oath of Loyalty as
prescribed by the third section of the second article of the
Constitution of the State of Missouri adopted in the year AD 1866
and that he be restored to all the rights and privileges under the
Constitution of the State, the same as if (can’t read)
R. Allen assignee of J.M. Weidemeyer & Son
vs
Robert P. Cole
Civil Action
Now at this day comes the said Plaintiff comes the said Plaintiff
and files his replication to Defendants answer.
Pines R. Dunn
vs
Henry Reese
Civil Action
Now at this day comes the said Plaintiff and files his replication
to Defendants answer. And leave granted Plaintiff to withdraw note
sued on.
Robert Allen assignee of J.M. Weidemeyer and Son
vs
Elizabeth McMenus
Civil Action
Now at this day comes the said Plaintiff and the said Defendant
being duly served with process
[written in left hand margin: Error service not good]
Page 178:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867
Sept 27
more than fifteen days before the first day of this Term of this
Court And being solemnly called comes not but herein makes default
nor has she or any one for her filed any answer herein, whereby this
action remains against her wholly undefended. And this action being
founded on a promissory note for the direct payment of money whereby
plaintiff ought to recover. And the Court doth find from an
instrument of writing filed herein, that the said Defendant does owe
and stand Justly indebted to the plaintiff herein, in the sum of
$488.94 for her debt and damages.
It is therefore ordered adjudged and Decreed by the Court that said
Plaintiff have and recover of and from the said Defendant Elizabeth
McMinus the said sum of Four hundred and Eighty Eight Dollars and
Ninety four cents for his Debt and Damages, as also his costs and
charges in this behalf laid out and expended and that he have
therefore Execution.
Ann W. Todd admr of the Estate of James Todd Decd
vs
J.R. Young and Wm. M. Gant
Civil Action
Now at this day comes the said Plaintiff by his attorney and says he
will not further prosecute this action against the said Defendant
Wm. M. Gant, but voluntarily dismisses the same as to him. And it
appearing to the Court here by the affidavit of R.S. Graham
Publisher and printed of the “Osceola Herald” a newspaper printed
and published in the County of St. Clair and State of Missouri that
the said Defendant J.R. Young has been duly notified of the pending
of this action against him by publication in said Paper for four
weeks successively the last mention thereof being at least four
weeks successively before the first day of this term of this Court,
and being solemnly called comes not but herein makes default, nor
has he or any one for him filed any answer herein whereby this
action remains against him wholly undefended. And this action being
founded on a promissory note for the direct payment of money
wherefore plaintiff ought to recover and the Court doth find from an
instrument of writing filed herein that said Defendant does owe and
stand Justly indebted to said Plaintiff in the sum of $431.26 for
her debt and damages. And it further appearing to the Court here
from the Return of the Sheriff of Saint Clair County, that he the
said Sheriff, by virtue of and in obedience to a writ of attachment
issued in this cause, did on the 9th day of September 1865 Attach,
all the right, title, interest, and Estate of the said J.R. Young of
in and to the following described Real Estate lying and being
situate in the County of Saint Clair, and State of Missouri,
described as follows to wit: E ½ NW, NE qr Sec 16 T27 of R27, W ½ NW
Sec 15 T37 R27, NE NE Sec 26 T35 R26
It is therefore ordered adjudged and decreed by the Court that the
Plaintiff have and recover of and from the said Defendant J.R. Young
the aid sum of Four hundred and Thirty one 26/100 Dollars for her
debt and damages as also her cost and charges in this behalf laid
out and expended and that she have execution.
Page 179:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867.
Sept 27
Execution, and that the same be levied upon the above described and
attached property and that the same be sold to satisfy said Debt
damages and cost as aforesaid. % 10.
The State of Missouri to the use of A. Morton
vs
Charles A. Yeater Et al
Civil Action
Now at this day comes Henry Denney and files his separate answer to
Plaintiffs petition herein.
Thomas Piper dec’d
vs
Joseph Hacker and Julius Hacker
Civil Action
Now at this day comes the said Plaintiff by his Attorney and files a
motion to strike out the Plea in abatement herein.
Isaac McPherson and William L. Ewing
vs
Christian Hoover
Civil Action
Now at this day comes the said Plaintiff by his attorney and it
appearing to the Court here by the return of the Sheriff of Saint
Clair County and State of Missouri, that the said Defendant, has
been duly served with process more than fifteen days next before the
first day of this term of this Court and being solemnly called comes
not but herein makes default, nor has he or any one for him filed
any answer herein whereby this action remains against him wholly
undefended. And this action being founded on a due Bill for the
direct payment of money wherefore Plaintiff ought to recover and the
Court doth find from an instrument of writing filed herein filed,
that said Defendant does owe and stand Justly indebted to said
Plaintiff in the sum of $292.16 for his Debt and $4.36 for his
Damages. It is therefore ordered, adjudged and decreed by the Court
that the Plaintiff have and recover of and from the said Defendant
J.R. Young the aid sum of Two hundred and Ninety two Dollars and
16/100 Dollars for her debt and Four 36/100 Dollars for the damages
as also their costs and charges in this behalf laid out and expended
and that they have therefor execution. % 10.
H. Denney admr of the Estate of J.W. Roe
vs
H.C. Roe and R.R. Dunn
Civil Action
Now at this day comes the said Plff by his attorney and moves the
Court to set the Judgement aside rendered in this cause at this term
of this court. And it appearing to the Court here that said
judgement rendered (corner torn) default, when in fact, there is an
answer filed (corner torn)
Page 180:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867
Sept. 27
and said Judgement is therefore irregular and voidable. It is
therefore ordered adjudged and Decreed by the Court that said
Plaintiffs Judgement heretofore rendered in this cause be set aside,
and for nought heed and esteemed.
Henry Denney Public admr of the Est of J.W. Roe.
vs
H.C. Roe and R.R. Moore
Civil Action
Leave granted Plaintiff to file amended petition, and alias summons
ordered to issue directed to the Shff of Saint Clair County against
the said Defendant.
Merchants Bank
vs
Samuel Moore Et al
Civil Action
Now at this day comes the said Parties and the motion heretofore
filed to set aside the Judgement therein is argued and by the Court
sustained. And alias writs ordered to issue directed to the Sheriff
of Pettis County against the Defendant W.P. Johnson.
E. Gash Guardian
vs
H. Thompson et al
Civil Action
Now at this day comes the said Defendant and files his answer to
Plaintiffs petition herein.
John J. Yeater
vs
H. Thompson
Civil Action
Now at this day comes the said Defendant and files his answer to
Plaintiffs petition herein.
Henry Denney Public administrator having in charge the Estate of
William L. King dec’d
vs
Catharine Tillery
Civil Action
Now at this day comes the said Defendant and files his answer to
Plaintiffs petition herein.
Henry Denney Public administrator for St. Clair County having in
charge the Estate of
[written in left hand margin: Error.]
Jacob Ketterman
vs
Mary Ketterman
Civil action for Divorce
Now at this day comes the said plff
Page 181:
September Term 1867
Regular September Term Saint Clair Circuit AD 1867.
Sept. 26
by his Attorney, and it appearing to the Court here by the Return of
the Sheriff of Saint Clair County that the said Defendant has been
duly served with process more than fifteen days before the first day
of this term of this Court and being solemnly called comes not but
herein makes default nor has she or any one for her filed any answer
herein whereby this action remains against her wholly undefended.
And it appearing to the Court here from the evidence that the said
Plaintiff is an inocent and injured party It is therefore ordered
adjudged and decreed by the Court that the said Plaintiff from the
Bonds of Matrimony heretofore entered into with the said Defendant
be released. And further that the said parties be allowed to marry
when and whom they see fit the restoration being hereby (can’t read)
from the Defendant and it is further ordered by the Court that the
Plaintiff pay the costs herein expended.
Henry Denney Public admn for St. Clair Co. having in charge of the
Estate of William King Deceased
vs
Jno F. Weidemeyer and John M. Weidemeyer
Civil Action
Now at this day comes the said Plaintiff herein open Court and it
appearing to the Court here that the said Defendant John F.
Weidemeyer and John M. Weidemeyer cannot be summoned to this action
It is therefore ordered by the Court that publication be made
notifying said Defendants that an action has been commenced against
them by petition and attachment in the Circuit Court of Saint Clair
County Missouri founded upon a promissory note the object and
general nature of which is to obtain a judgement therein against the
defendants herein for the sum of Two Thousand Dollars with interest
thereon from January 1st 1866 at the rate of ten per cent per annum.
And their property has been attached And that unless they be and
appear (can’t read rest of page – too faint)
Page 182:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867
Sept 27
Wayman Crow
vs
John W. Jones
Civil Action
Now at this day comes the said Plaintiff by his Attorney and it
appearing to the Court here from the affidavit of R.S. Graham
publisher of the “Osceola Herald” a newspaper printed and published
in the County of St. Clair and State of Missouri that the said
Defendant has been duly notified of the pending of this action
against him by publication in said paper for four weeks successively
the last insertion thereof being at least four weeks next before the
first day of this term of this Court and the said Defendant failing
to appear and answer or otherwise plead to plaintiffs petition
Judgement is rendered against him by default and this Cause
Continued until the next term of this Court for the assessment of
Damages.
William Gorton
vs
John McMurty
Civil Action
Now at this day comes the plaintiff and it appearing to the full
satisfaction of the Court that the defendant is a non resident of
the State of Missouri. It is therefore ordered that publication be
made notifying defendant that an action has been commenced against
him by petition and attachment in the Circuit Court of St. Clair
County State of Missouri founded on a promissory note for the sum of
Eleven hundred & Twelve dollars and seven cents with Ten per cent
interest per annum on the same since 28th day of February 1860 after
deducting four hundred forty two Dollars of Interests paid April
17th 1865 And that his property has been seized and attached. And
that unless he be and appear at the next Regular Term of said Court
to be holden at the Court house in Osceola in the County and State
aforesaid on the sixty Monday after the second Monday in February
1868 and plead answer or demur to plaintiffs petition the same will
be taken as confessed and the defendants property attached in this
cause will be sold to satisfy the same. It is therefore further
ordered that a copy hereof be published in the “Osceola Herald” a
newspaper printed and published in the Town of Osceola County
aforesaid for four weeks successively the last insertion thereof to
be at least four weeks next before the first day of the next Term of
this Court.
Ann W. Todd widow of Daniel P. Todd and assignee of Sarah C.
McKinley daughter of said David P. Todd and James McKinley, (can’t
read) of said David P. Todd dec’d
vs
David Todd, Thomas Todd,
Page 183:
September Term 1867
Regular September Term Saint Clair Circuit Court 1867
Sept 27
Elzira W. Todd, Ellera P. Todd
Pet for Partition
Now at this day comes the said Plaintiff by his Attorney and it
appearing to the Court that the said Defendants have all been duly
served with process more than fifteen days before the first day of
this term of this Court and being solemnly called Comes not but
herein makes default whereby this action remains against them wholly
undefended. And it appearing to the Court here that the said Daniel
P. Todd late of the County of St. Clair and State of Missouri on the
19th day of July AD 1862 died intestate seized in fee simple of the
following described Real Estate lying and being situate in the
County of St. Clair and State aforesaid to wit: The NE and Lot one
of the NW Section (19) Nineteen Township (37) Thrity seven of Range
No (26) Twenty six and N ½ SW ½ W ½ NW of Section No (20) Twenty
Township No (37) of Thirty seven of Range No (26) Twenty six and the
SE ½ of the SE ½ of Section No (22) Twenty two Township No (37)
thirty seven Range No (26) Twenty six and leaving as his only heirs
and legal representatives the following named persons to wit. Ann W.
Todd, widow of the said Daniel P. Todd Deceased, Sarah C. McKinley
having therefore Sarah C. Todd, Susan Todd, Thomas D. Todd, Elzira
F. Todd and Elnora P. Todd his children whereupon C.J. Smith is
appointed Guardian ad litem for the minor Defendants herein, and
files his answer as such. And it further appearing to the Court here
that the personal property of said Estate is sufficient to pay all
the debts remaining due by said Estate. And it further appearing to
the Court here that the said Sarah C. Todd otherwise Sarah C.
McKinley has assigned and made over her right title and Interest
herein to Ann W. Todd the Plaintiff herein and it further appearing
to the court that the said Ann W. Todd as assignee of said Sarah C.
McKinley and James McKinley her husband all entitled to the one
undivided one fifth part of the said Described Real Estate. And that
Serena Todd, Thomas D. Todd, Elzira W. Todd and Elnora P. Todd are
each and severally entitled and seized in fee simple of the
undivided one fifth part of said Described Real Estate And it
further appearing to the Court here that the said Ann W. Todd is
entitled to a dower right, in and to the said described Real Estate
of the one third of all thereof owning her natural life.
It is therefore Considered ordered adjudged and Decreed by the Court
that Partition in and of the above described Real Estate be made
between the aforesaid above named according to their respective
rights as herein declared by the Court.
It is further ordered by the Court that N. Graham, Mayfield Hoshan
and John Cochran be and they are hereby appointed Commissioners to
and appraise and set off said Real Estate according to the rights
and interests of the parties as herein, as set out and declared by
the Court quantity and quality relatively considered and that they
make a part of their proceeding at the next term of this Court and
that this cause stand continued for the report of said
Commissioners.
Page 184:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867
Sept. 27
Anna Griffith and Paris B. Dunn
vs
Daniel Penn
Civil Action
Now at this day comes open Court Elias Disney Sheriff within and for
the County of St. Clair and State of Missouri, and, produces a deed
made by himself as such Sheriff to Robert Allen, for the following
described Real Estate lying and being situate in the County of St.
Clair and State of Missouri, to wit SE of NE and NW SE Sec 27 Town
38 R 25 and sold under execution at the September Term of this Court
for the year 1867 in favor of the Plff and against the Defendant
herein, and acknowledged the same to be his voluntary act and Deed
for the uses and purposes therein Contained.
Richard Rice
vs
William Gardner
Civil Action
Now on this day comes hereinto open Court Elias Disney Sheriff
within and for said County and he being personally known to the
Judge of said Court to be the Same and officer who Executed the same
and produces a Deed to William Rice for the following described Real
Estate lying and being situate in the County of St. Clair and State
of Missouri to wit: SW of SE Sec 6 Township 38 of Range 24 also NE
NW Sec 7 Township 38 of Range 24 land sold under execution at the
September Term of the Court for the year 1867 and he acknowledged
the same to be his voluntary act and Deed for the uses and purpose
herein Contained.
Merchants Bank
vs
William Baker
Civil Action
Now at this day comes hereinto open court Elias Disney Sheriff
within and for the County of St. Clair, and State of Missouri and
produces a deed made by himself as such Sheriff to the Merchants
Bank for the following described Real Estate lying and being situate
in the County of St. Clair and State of Missouri to wit. South part
of Lot No (9) north of NW of Sec 4 Township (39) Thirty nine of
Range 24. And sold under Execution at the September Term of this
Court 1867 in Favor of the Plaintiff and against the Defendant
herein and he being personally known to the judge of said Court to
be the person and officer therein mentioned acknowledge the same to
be his voluntary act and Deed for the uses and purposes herein
mentioned which is ordered to be certified and is hereby done
accordingly.
Page 185:
September Term 1867
September Term Saint Clair Circuit Court AD 1867.
Sept 27
James C. Buster
vs
James W. Ritchey
Be it Remembered that on this day personally came into open court
Elias Disney, Sheriff within and for Saint Clair County and State of
Missouri, and produces a deed made by himself as such Sheriff to
Reese Hughes and Henry Floshine for the following described Real
Estate to wit: Part of SE ¼ of Sec Eleven Township 36 Range 26 Also
SW SE Sec 12 Tp 36 R 26 also NW NW & SW SW & NE NW SE NW & SW NW NW
NE ¼ Sec 13 Tp 36 of Range 26 also NE of SE Sec 14 Tp 36 of Range 26
land sold under Execution at the Sept Term of the Court 1867 in
favor of the said Plaintiff and against the said Defendant and the
said Sheriff being personally known to the Judge of said Court to be
the person and officer named therein he acknowledged the same to be
his voluntary act and deed for the use and purposes therein
Contained.
Now at this day comes hereinto open Court Elias Disney Sheriff for
the County of Saint Clair in the State of Missouri, and produces a
Deed made by himself as Trustee in the place and stead of John T.
McClain Deceased, who was Trustee for John F. Weidemeyer (can’t
read) by a certain (can’t read) executed and delivered to said John
F. Weidemeyer by Lewis R. Ashworth to Robert Allen for the following
described Real Estate to wit: The NW of SE of Sec 29 & the SW & SE
of Sec No 20 the SW of NE & the SE of SW of sEc No 29 The SE of SE
of Sec (20) & NW NE Sec No 20 all in Township No 37 of Range No 25
and the said Sheriff being personally known to the judge of said
Court to be the officer and Person as herein presented and he
acknowledged the same to be his voluntary act and deed in the uses
and purposes therein mentioned as such Trustee.
Now on this day comes hereinto open Court Elias Disney Sheriff
within and for the County of St. Clair in the State of Missouri, and
Trustee appointed at the last Term of this Court to Execute the
trust of a certain Trust deed from Richard Felsh to George H. Vaughn
Trustee of Trippett and Dunn in the place and stead of said George
H. Vaughn partner Deceased. And produces a deed to Robert Allen for
the following Described Real Estate lying and being situate in the
County of St. Clair and State aforesaid to wit: The W and the SE of
SW Sec No 15 Township No 38 of Range No 27 the said Sheriff being
personally known to the judge of said Court to be the person and
officer therein named and who executed the same and acknowledged the
same to be his voluntary act and deed for the uses and purposes
therein contained which was ordered to be certified and herein
accordingly done.
Page 186:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867
Sept 27
The State of Missouri by relation and to the use of Anderson Morton
Guardian of the Estate of Thomas B.F.P. Stewart, William I. Stewart
and Robert A. Stewart
vs
Samuel W. Snell Administrator of the Estate of Robert F. Crockett
Dec’d & H. Disney & (can’t read), C.D. Yeater, W.P. Johnson and John
M. Weidemeyer
Civil Action on Bond of Guardian
Now at this day comes the said Plaintiff by his Attorney, and says
he will no further prosecute this Action against the said Defendant
John M. Weidemeyer but voluntarily dismisses the same as to him, and
it appearing to the Court here that the said Defendant W.P. Johnson
has been duly served with process more than fifteen days before the
first day of this term of this Court and being solemnly called comes
not but herein makes default nor has he or any one for him filed any
answer herein whereby this action remains against him wholly
undefended. And the said Defendant Samuel R. Snell, administrator of
the Estate of Robert F. Crockett and Henry Disney Pub Administrator
in charge the Estate of C.H. Yeater Deceased being herein open Court
by his Attorney, and the said Parties requiring no Jury this Cause
is taken up and submitted to the Court for trial where after hearing
the testimony and examining the evidence find that the said
Defendants do owe and stand Justly indebted to the said Plaintiff in
the sum of $356.30 for his Debt and Damages. And it further
appearing to he Court that the said Sheriff did on the 31st day of
March 1866 by virtue of and in obedience to a writ of attachment
issued made cause attach all the right title interest and Estate of
the said Defendant Waldo P. Johnson of in and to the following
described Real Estate lying and being situate in the County of St.
Clair and State of Missouri to wit:
E SE Sec 17 T 37 R 25
Lot 1 SW Sec 6 T 36 R 26
Lot 6 NW fl Sec 3 T 37 R 24
SW SW Sec 1 T 36 R 27
SW fl SOR Sec 3 T 34 R 24
SE SE Sec 2 T 36 R 27
W SW Sec 5 T 39 R 24
SE NE Sec 4 T 36 R 27
NW fl SOR Sec 6 T 38 R 25
NW NW Sec 12 T 36 R 27
NE Sec 20 T 37 R 26
Lot 1 NW Sec 1 T 36 R 27
SE fl NW NE SW Sec 22 T 38 R 25
E (can’t read) Sec 2 T 36 R 27
SE NE Sec 8 T 37 R 27
E Lot 2 NW Sec 2 T 36 R 27
SW NW SE NW Sec 9 T 37 R 27
SE SW E SW NE Sec 35 T 37 R 27
NE SE Sec 15 T 38 R 27
W ½ SE of SW Sec 35 T 37 R 27
S ½ SE SE SW Sec 26 T 37 R 26
S SE Sec 25 T 37 R 27
E SW SW Sec 29 T 37 R 26
SE Sec 35 T 37 R 27
W Lot 1 NE Sec 6 T 35 R 26
E SW W Sec 32 T 37 R 26
E frl NE ROR Sec 6 T 37 R 26
W NE Sec 32 T 37 R 26
W Lot 1 & 2 NE Sec 3 T 37 R 26
SW NE Sec 34 T 34 R 25
Lot 2 NW Sec 3 T 37 R 26
WW SE Sec 34 T 34 R 25
W NE SE Sec 34 T 38 R 26
W SW Sec 10 T 37 R 25
E SW E Lot 1 NW Sec 5 T 36 R 26
SW SW Sec 1 T 36 R 27
(corner torn) NW Sec 23 T 36 R 26
E SE Sec 2 T 36 R 27
(corner torn) E Sec 35 T 36 R 26
NE NE Sec 11 T 36 R 27
Page 187:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867
SW NE Sec 32 T 38 R 27
NW NW Sec 12 T 36 R 27
½ NE NE
S SE Sec 25 T 37 R 27
W NW NE Sec 13
NW NW Sec 21 T 36 R 24
SE SW Sec 36 T 39 R 25
NE NE Sec 20 R 36 R 24
SE SW Sec 2 T 37 R 28
SE NE Sec 20 T 36 R 24
SE SW Sec 13 T 37 R 28
Undivided ½ SW Sec 30 T 38 R 26
NE SW (RBOR) Sec 11 T 37 R 28
E ½ NW Sec 14 T 39 R 26
Lot 2 NW Sec 3 T 37 R 26
NE NE Sec 18 T 38 R 25
E fl NE (RBOR) Sec 11 T 37 R 26
SW SW Sec 20 T 38 R 28
E SW SW Sec 29 R 37 R 26
Part of N East W NE Sec 6 T 37 R 28
W Lot 2 NE Sec 3 T 37 R 26
W NE SE Sec 34 T 38 R 26
E W NW Sec 33 T 37 R 26
W Lot NW Sec 1 T 36 R 27
W NW Sec 22 T 39 R 27
E Lot 1 & 2 NE Sec 2 T 36 R 27
SW SW SE Sec 3 T 39 R 27
S ½ SW Sec 35 T 37 R 27
NW SW Sec 12 T 23 R 26
E SW of NE Sec 3 T 37 R 27
NW SW Sec 12 T 38 R 26
W SE SW Sec 25 T 37 R 27
SE NW Sec 12 T 35 R 26
SE Sec 35 T 37 R 27
10 acres on S end of SW NW Sec 12 T 38 R 26
E SW W SE Sec 30 T 37 R 26
W Lot 1 NE & Lot 1
Lot 1 39 Sec 6 T 36 R 26
E (can’t read) Sec 6 T 36 R 26
Lot 1 & 5 Block 43, Lot 2 & 3 Block 43, fl Lot 4 Block 43, Lot 10,
11, 12 Block 43, Lot 1, 8, 10 & 11 Block 44 in the town of Osceola
Saint Clair County Missouri.
It is therefore ordered adjudged and Decreed by the Court that the
Plaintiff have and recover of and from the said Thomas B.F.P.
Stewart, William F. Stewart and Robert F. Stewart the said sum of
Three Hundred and fifty six 30/100 Dollars for her debt and Damages
as also her costs in this behalf laid out and expended and that they
have execution therefor, and that the above described attached
property be sold to satisfy the same, and if that not be sufficient
then of the other goods and chattles, lands and tenements of the
said Defendants be made the same.
James Cole Guardian and Curator of William Dallas
vs
Jonathan Culbertson, John A. Culbertson and A.B. Harris
Civil Action
Now at this day comes hereinto open Court Elias Disney Sheriff for
St. Clair County Missouri and produces a deed made by himself as
such Sheriff, to J.A. Culbertson and A.D. Harris, for the following
described Real Estate lying and being situate in the County of St.
Clair Mo to wit NE E Sec 32 T 37 R 26 and SW SE Sec 32 T 37 R 32 and
sold under execution at the September Term of this Court 1867 in
favor of Plaintiff against the Defendants. And the said sheriff
acknowledged the same to be his voluntary act and deed for the uses
and purposes herein mentioned having known personally
Page 188:
September Term 1867
Regular September Term Saint Clair Circuit Court 1867
Sept 27
to the Judge of said Court to be the person and officer therein
mentioned, and who executed the same which was ordered to be
certified.
Now at this day comes hereinto open Court Elias Disney Sheriff for
the County of St. Clair, and produces a deed made by himself, as
Such Sheriff and Trustee for Trippett and Dunn to Waldo P. Johnson
for the following Described Real Estate lying and being situate in
the County of St. Clair and State of Missouri to wit The S SW NE SW
& SW NW Sec 17 & NW W Sec 20 and all that part of the E NW Sec 20
lying north of Wableau Creek as in Tp 37 of Range 24. And he being
personally known to the Court to be the person and officer named
therein and who executed the same acknowledged the same to be his
act and deed for the uses and purposes therein contained which was
ordered to be certified.
Ann W. Todd administrator of the Estate of Daniel P. Todd Dec’d
vs
J.R. Young
Civil Action
Now at this day comes here into open Court Elias Disney Sheriff for
the County of Saint Clair in the State of Missouri, and produces a
deed made by himself as such Sheriff, to Ann W. Todd for following
described Real Estate lying and being situate in the County of Saint
Clair and State of Missouri to wit. NE NW, SE NW, SE NE, NE NE, NW
NE, SW SE and NE also the NW NW & SW SW of Sec 12 all in Township 37
of Range 27 also NE NE Sec 21 T 28 R 26 and sold at the September
Term of said Court for the year 1867 under execution in favor of the
said Plaintiff and against the Defendant. And the said Sheriff being
personally Known to the Judge of said Court to be the person and
officer therein mentioned and who decreed the same acknowledged the
same to be his voluntary act and deed for the use and purposes
therein mentioned.
Hiram Short
vs
Robert P. Cole
Civil Action
Now at this day comes Elias Disney Sheriff within and for the County
of St. Clair and State of Missouri and produces a deed made by
himself, as such Sheriff to G.R. Preston for the following described
Real Estate lying and being situate in the County of St. Clair and
State of Missouri to wit: The SW SE Sec 14, Town 35 R 26 land sold
under execution in favor of the said Plaintiff and against the
Defendant at the September Term of the St. Clair Circuit Court for
the year AD 1867 And the said Shff being personally Known to the
Judge of said Court to be the person and officer who executed the
same and acknowledged the same to be his voluntary act and deed for
the uses and purposes herein contained, which is ordered to be
certified.
Page 189:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867
Sept. 27
William M. Cox
vs
John W. Jones
Civil Action
Now at this day comes hereinto open Court Elias Disney Sheriff
within and for the County of St. Clair and State of Missouri, and
produces a deed made by himself as such Sheriff to Robert Allen for
the following described Real Estate lying being and situate in the
County of St. Clair and State of Missouri to wit SW SW and NW of SW
Sec 28 Town 38 of Range 25 land sold under execution at this term of
this Court in favor of Plaintiff and against the Defendant and the
said Sheriff being personally Known to the Judge of said Court to be
the person and officer named therein, and who executed the same, and
acknowledged the same to be his voluntary act and deed for the uses
and purposes herein Contained. Which was ordered to be certified and
is here accordingly done.
The Merchants Bank of St. Louis
vs
C. Hoover, Wm. W. Cox, P.N. Ritchey and W. Dark
Civil Action
Now at this day comes the said Plaintiff by her Attorney and it
appearing to the satisfaction of the Court that the said Defendant
(too faint to read)
for her debt and damages.
It is therefore ordered adjudged and decreed by the Court that said
Plaintiff have and recover of and from the said Defendant the said
sum of Four hundred and seventeen Dollars and seventy four cents for
her debt and (too faint to read).
Matthew Boots
vs
Eliza Boots, Eli Boots, Samuel Taylor and Elizabeth Taylor, John B.
Lewellen & Susan Lewellen, Daniel Sullivan & Rachel Sullivan,
Solomon Boots, Thomas Peterson &
Petition for Partition
Page 190:
September Term 1867
Regular September Term St. Clair Circuit Court 1867
Sept 27
Mahala Peterson, John Boots & Susan Boots, heirs at Law of the
Estate of Martin S. Boots Deceased
Now at this day comes the said Parties hereinto open Court as also
the said Commissioners, and appointed at the last term of this Court
to make Partition of the Real Estate of Martin Boots late of the
County of St. Clair Deceased among the heirs at Law, and the Legal
Representatives of said Estate according to their respective rights
and interests therein as found and declared by this Court at the
March Term here of and declared to them in this Commission, and make
the following report to wit. “To the Circuit Court of St. Clair
County, Now at this day comes the parties by their attorneys and the
Commissioners Robert H. Davidson, Mathew Salisbury & Noah Brown
appointed by the order of the Court to make partition of the Real
Estate embraced in the order return unto the Court here the
following report which is in the words and figures following to wit
We the undersigned Commissioners met upon the lands of Martin Boots
deceased Late of St. Clair County Mo and made partition of said
Lands among the several heirs of said Martin Boots dec’d shown in
the (can’t read) the whole containing (can’t read) following
described tracts and parcels to wit: SE SW Sec 27 SW SW 23 NE NE Sec
27 NW SE 26 NW 37 Sec 23 SW NE SE NW SE 23 In the North part of the
East half of the South West part of Section twenty five (25) for the
(can’t read)
Page 191:
September Term 1867
Regular September Term Saint Clair Circuit Court AD1867
Sept 27
(too faint to read) to 39 a cornerstone 24 x 12 x 3 Thence North on
said Due line 11.25 ct to beginning 22 20/100 acres and in the
aggraph 62 and 56/100 acres (substitute one portion, and is allotted
to Daniel Kales and Elizabeth Kales his wife.
That Section (can’t read) is the SW of the SW qr of Section 23
Township 39 Range 27 bounded by the regular subdivisional line. The
NE corner is a sandstone 24 x 14 x 4 the NW corner is personally set
the SW corner comes of Section 22, 23, 26, 27 the SE corner a
sandstone 14 x 7 x 4, 40 acres and also the other parcel named on
plat B fr comprises the South part of ht SW ¼ of the NE fr of Sec 23
T39 R27 bounded and marked as follows beginning at the NE Corner 39
a cornerstone 20 x 12 x 3 Thence West for (can’t read)
Page 192:
September Term 1867
Regular September Term Saint Clair Circuit Court 1867
Little Monegan it could not be accurately marked also the figures
made on the field indicating the length of the South boundary line,
became obliterated so that the exact length of the line could not be
given. Thence from 82 North on the subdivisional Line 6.75 chains to
3 ½ a Sandstone 14 x 6 x 4 a black oak 5 N 42 E 16 links Post oaks
10 S 31 W 31 S Thence West (can’t read)D with Sub Div line chain to
interact herein from 25 to 26 at Corner 30 marked by a sandstone 22
x 12 x 4 standing on the West bank of Little Monegan Creek and NE
and within (can’t read) of a leaning Water Birch Branches in (can’t
read), and opposite to the upper side of a sandstone cliff and
(can’t read) as nearly as may be 16 61/100 in the aggregate 50 and
50/100 acres Constituting one faction and is allowed to Daniel
Dillman and Rachal Dillman his wife.
That fact marked on plat “E N 1” consists of the SE of the NW qr sec
No 26 T39 R27 bounded by the regular subdivision (can’t read) marked
as follows NE A 11 a sandstone 15 x 16 x 28 the NW Cor. 12 a
sandstone 14 x 6 x 3 The SW corner C a sandstone 16 x 12 x 6 the SE
Cor S a sandstone 22 x 12 x 11 Containing 40 Acres together with
that other parcel marked “E2” on plat bounded and marked as follows:
The South Division in SW ½ of SE qr of Sec 25 beginning on the
section line 2 chains and 50 lines East, of the (can’t read) qr as a
Corner in middle of Little Monegan Creek from which a Black oak 12
(can’t read) W 27 lines and Black oak 12 S 35 E 37 links. From North
on Sub Div line 5 75 Links to 32 a sandstone 18 x 12 x 4 a Post oak
23 45 E ½ Links and Post oak 3 N 18 E 17 So. Thence West of (can’t
read) South the sub divisional line to intersect the line consisting
the course 25 & 26 at course 33 West (can’t read) and not accurately
(can’t read) thence on the line to Course of beginning, Containing
as nearly as may be 10 56/100 acres and in the aggregate 51 and
51/100 acres, which constitutes one fraction to Martin Boots.
That Lot 22 in (can’t read) is designated and Known as the SW ¼ of
the W Ward of Sec 26 Township No 39 Range No 27 It contains 40 Acres
& is bounded by the usual subdivisonal line. The NE Course 12 (can’t
read) by a sandstone at 14 x 6 x 3 the NW count a sandstone 20 x 44
x 4 The SW Count & regular qr Section Count The SE Count a sandstone
16 x 12 x 4 and that other parcel marked on the plat “S ½” being the
North division on the NW ½ of the SE quarter of Sec 26 T39 Range 27.
It containing 17 28/100 Acres and for boundaries and Course begin
say at the SW corner 18, a cornerstone 20 x 11 x 5 a Black oak 12 x
85 E 15 links and Hickory 13 x 62 N 32 links Thence West on sub
divisional Line North to the NW corner 12 chains of Section a
sandstone 32 x 12 x 3 Thence South on subdivisional Line S 36 chains
to 36 a sandstone 18 x 13 x 3 Thence East of (can’t read) to the E ½
Subdivisional line to (can’t read) and Black oak 3 56 E 5 (can’t
read) which with the 40 acre Lot first mentioned makes 27 (can’t
read) one portion and allotted to Elenor (can’t read)
Page 193:
September Term 1867
Regular September Term St. Clair Circuit Court 1867
That Lot marked Sec 4 on the plat is W SE ½ of the NE qr of line 21
Township No 39 Range No 27 It is bounded by the regular Sect, (can’t
read) beginning, say at the NE corner marked “1” a sandstone 20
inches x 14 x 4 Thence West 20 chains to a sandstone 20 x 16 x 4
Thence South West to a sandstone 18 x 14 x 3 Thence East 26 chs to
the point of beginning 40 chains (can’t read) marked on plat C2
Comprises the Section lying in the North part of the East ½ of the
SW qr of sec 26 x 39 x 27 To begin say at the NE Corner “41” a
sandstone 26 x 12 x 3 (can’t read) West on Sub Div Line West 11.50
chains to the W (can’t read) sandstone Thence South on Sub Div Line
7.25 chs to 20 a sandstone 22 x 3 x 4 Thence South easterly a
Straight line to a sandstone 22 x 8 x 4 Thence Southeasterly a
Straight Line to (can’t read) a sandstone 16 x 11 x 3 Thence North
parallel to the E W sandstone back to “41” It contains as nearly as
maybe 114 Acres marked with the Ican’t read) lot already described
in this paragraph makes 514/8 acres on the aggregate constituting
(can’t read) allotted to Solomon Boots.
(can’t read the rest of page – too faint)
Page 194:
September Term 1867
Regular September Term Saint Clair Circuit Court 1867
Sandstone 14x11x3 and the SE cor “N” a sandstone 13x6x3 and also
that other parcel marked on the Plat “I 2” is the middle division of
the NW ¼ of the SE qr of Sec 25 T39 R27. The NE corner “SE” is
marked by a sandstone 20x14x4 a Black oak 2 N 36 E ½ Lines, and a
Black oak 33 63 E ½ links. Thence run West parallel with Sect of
Line 20 chains to 36 being the NW corner a sandstone 18x11x3 Thence
South on Sub Div Line 6.00 chains to the SW Corner 37 inches a
sandstone 13x8x8 a corner 10 N 12 W 11 Links, and chickory 3 S 17 W
14 L (This Corner stands 25 links North of Corner 35) Thence East by
a line parallel with the first line 20 chains to 3 S 36 Cor a
sandstone 13x12x4 a Black oak 12 S 30 W 35 links and Black pine 6 N
22 W 40 Lines. Thence North on Sub Div Line 60 chains to the
beginning. It contains 12 acres making with the 40 acre Lot
described above last, 52 Acres. Constituting a portion allotted to
Susanna Boots, widow of the late Martin Boots, decd.
That Lot marked on the plat “K No 1” is the N ½ of the SE qr of Sec
26 Township No 39 Range No 27. It contains 30 acres bounded by the
Regular Line of normal Lines The N ½ Corner is marked by a sandstone
14x3x4 the NW center of the Section 28 a sandstone 22x12x4 The SW
Corner 16 a cornerstone 15x6x3 the SE Corner 17, a sandstone 16x12x3
That other part marked “K ½” is the Southern Division on the NW ½ of
the SE qr of Section 25 T39 R27. It begins east of the NE Corner 34
a cornerstone 13x12x2 a Black oak 12 S 30 W 35 Links and a sandstone
13x12x3 a Black oak 12 to 30 W 35 Links and a Black Jack 6N27W six
Links. Thence West of a willow with Sub Div Line, 22 chains to the
NW Corner to a sandstone 18x8x8 a sycamore 10 N 12 W11 Links and
Hickory 3 S 17 W 14 Links, to the Corner stand 25 Links North of 35.
Thence South on Sub division Line 5.25 Chains to 29 a sandstone
15x12x5 East 5 N 53 E 6 and Chains N 30 Links Thence East on Sub
divisional Line (can’t read) sandstone 14x7x3 a white oak N 61 N 16
Links Black oak 3 N 31 E 14 Links Thence North on Sub Div Line 5.25
Chains to the beginning this parcel contains 10 ½ acres which with
the 50 acres Lot last described makes 30 40/100 Acres Constituting
one portion allotted to John R. Lewellen and Susanna Lewellen his
wife.
The Lot marked “L” on the flat is the NW ¼ of the SW portion 20 in
Township NE 9 Range No 27 bounded by the regular Sub divisional
Line. The North East corner 43 marked by a Sandstone. The NW Corner
the original qr Sec Corner The E ½ Corner is a sandstone 14x6x3 and
the SE Corner 21 a sandstone 20x304 Containing 40 Acres the relative
quality and the quality of which we find to be such that it cannot
be adequately divided into shares with the others, nor all of which
being seen and heard and by the Court herefully undivided. It is
therefore ordered adjudged and decreed by the Court that said
proceedings and (can’t read) be and the same is hereby appointed and
contained. And that said parties hold and (can’t read) the parts and
forever be set off and assigned to each (can’t read) It is further
ordered adjudged and Decreed by the Court that the Sheriff of Saint
Clair County proceed to sell the (can’t read) at Public Auction for
cash in hand during the setting of the
Page 195:
September Term 1867
Regular September Term Saint Clair Circuit Court 1867
(can’t read) or parcel of land. That the Commissioners report is not
susceptible of Division witout manifest and great prejudice
injustice to the parties contained to wit. The NW of the SW qr of
Section 25 Township 39 of Range 27 and that proceeds of said sale be
paid over to the parties hereto in the proportion that each of htem
have herein respectively as found and set forth and declared by the
Court and that he make report of his proceedings. It is further
ordered by the Court that the parties hereto pay the Cost in this
behalf as to proportions each have in and to the Estate and each
have their execution to issue therefore, and that D.P. Guild Atty at
Law be allowed $50.00 for Bringing the Action.
Eliza Jane Walton admrx and widow of C.S. Walton Dec’d
vs
Charles Shoemaker and Mary J. Shoemaker wife of said Charles
Shoemaker, Ellen A. Walton and Elizabeth Walton
Petition for Partition
Now at this day comes the said parties as also the said
Commissioners appointed at the last Term of this Court to make
partition of Trial Estate of C.S. Walton among the legal heirs of
said Estate according to their respective rights and interest as
described as set forth by the Court and discharged to them in their
Commission and makes report of their proceedings which and Report is
in the words and figures of testimony to wit: “To the Circuit Court
of St. Clair County. We the undersigned Commissioners under and by
virtue of a (can’t read) order a copy (can’t read) proceeded to
admeasure and lay off as speedily as possible of the said (can’t
read) order the one third part of the lands as to each the order for
one off instrument as the dower of Eliza J. Walton widow herein,
property designating the same by (can’t read) suitable
considerations at such points as had not heretofore cause
designated, we found the lands named in said order to consist of the
following tract or parcels to wit: The S ½ of the SW qr of Sec 32
Township 39 Range 27, 80 Acres also the N ½ of the SW ½ of fr SE qr
of Sec 32 T39 R27 20 acres also the West ½ Lot 2 of the NW qr No 3,
Town 32 R 27 22 60/100 acres laso the E ½ Lot 22 Town 32 R 27 22 44
31/100 acres also the West ½ Lot of the NE qr Sec 3 T35 R27 44
36/100 acres also the undivided one half of the NE part of the SW qr
and SW ½ of the NE qr of Sec No 29 Township No 35 Range No 27 60
Acres and the aggregate 29 64/100 acres and for the outer undivided
(can’t read)we have proceed a diagonal or plat of the above named
lands showing this as nearly as figuration can be to the (can’t
read) set off and admeasured. (can’t read) the interest of all and
each of the partys named in the said order and therefore allotted to
Eliza J. Walton widow of Clement S. Walton, to hold and enjoy during
her natural life
[Written in left hand margin: “Report Deposited in Box “7”]
Page 196:
September Term 1867
Regular September Term Saint Clair Circuit Court
including the dwelling house orchard fields & Except a small portion
of plowed ground made and put upon the premises by Clement S. Walton
in his life time. That portion marked B on the Plat being all of the
West ½ Lot 2 also That part marked B2, being the East ½ of Lot 2 of
the NW qr (except that portions marked on the plat as A2 A3) of
Section 3 T35 R27 Containing Seventy Eight and 69 one hundredths 78
69/100 Acres. The NE corner, being marked by a sandstone 14x12x12
Thence West by a line remaining part allot with the Township Line
and distant from N two (2) chains and fifty 50, links, terminating
on the Sec line (West Boundary of the Sec) at 2, a sandstone 14x8x4.
Thence South on Section 19. 48 chs to the SW Cor 3, (previously made
and established by (can’t read) ) Thence East on regular Sub
divisional line previously surveyed, to 4, a sandstone 14x8x3.
Thence North on Subdivisional line to the beginning – also that
other parcel marked B3 which consists of the West ½ of the SW ½ of
the SE qr of Sec 34 T39 R27 a regular Survey of which, had been
previously made and which is on record in the office of the County
surveyor Containing 20 Acres and 75.69 acres making on the aggregate
95 69/100 acres as nearly in one body as practicable and consistant
with the interest of all the parties Concerned.
And further in obedience to and compliance with the said order
herein mentioned we proceeded to set off and did set off to each of
the respective parties named as heirs of said Clement S. Walton
dec’d to wit: Mary J. and Charles Shoemaker, one third in fee simple
and Ellen A. Walton one third in fee simple and Elizabeth F. Walton
one third in fee simple of in and to the lands of the said Clement
S. Walton dec’d as follows to wit:
That tract designated on the plat by the letter and figure A1 is the
E ½ of the E W qr of Sec No 34 Township No 39 Range No 27 we find
that it has been heretofore regularly surveyed the survey standing
on the Records of the County Surveyor therefore no (can’t read) to
encumber this report with the field notes. It contains 80 acres.
Also that other small tract or parcel marked on the plat as A3 and
A4 Constitutes part of the West ½ nd of the E ½ of Lot No 2 of the
NW qr and part of West ½ Lot N2 of the NE qr of Sec 3 Town 35 Range
27 they compound of a strip of Land, bounded on the North side by
the Township line and lying (can’t read) South of it. It is 2 chains
and 30 links (or 14 Poles) west from North to South and running East
and West through the whole tract of the (can’t read) last named the
Entrance NE corner previously established and is on record in the
Surveyors office there running West on the Township Line to the NW
Corner of Sec 3 (on record) Thence South on Sec Line 20 previous and
at Lines (10 Poles) to the SW corner a sandstone 14x8x4 Thence East
parallell with the Township line through the North part of the line
several Lots herein before described to the SE corner 53 this Corner
Stands on a regular subdivisional Line and is marked by a sandstone
14x14x14 Thence North on the subdivisonal line
Page 197:
September Term 1867
Regular September Term Saint Clair Circuit Court AD 1867
2 chains and 30 links (10 Rods) to the beginning Corner The three
several parcels together contains fifteen and twelve one hundredths
acres 15 12/100 acres which with the 80 acres as herein named make
in the aggregate Ninety Eight and Sixty nine one hundredths Acre
Constituting one portions and allotted to Mary J. and Charles
Shoemaker, valued at $800.00
That Lot or parcel marked C4 on the Plat, is marked for of the West
½ of Lot 2 of the NE qr of Sec 3 Township 23 R27. The NE Corner 5
stands on the regular sub divisional line and is marked by a
sandstone 14x14x14. Thence West parallel to and ten rod or 2 chains
and 21 links from the Township Line to this corner also stands on a
regular subdivisional Line and is marked by a sandstone 14x12x12
Thence South on Sub Div Line to the SW Corner a sandstone 14x8x3
Thence East on Sub Div Line to the SE Corner previously established
and on record Thence North on Subdivisional line to the beginning
(can’t read) It Contains Thirty three and twenty three 33 23/100
Acres Thence (can’t read) marked C2, C3 in Diagram of Sec 20 T38 R27
we think as sufficiently described above. They Contain consisting
120 acres the one half of which (undivided) being sixty acres 60
(can’t read) with the 33 23/100 acres last above described making in
the aggregate 96 32/100 acres and constitute (can’t read) which is
allotted to Ellen A. Walton valued at $800.00
All of the Several parcels marked on the plat D1 B2 and D2 and
making (can’t read)D acres and which was set off as shown (can’t
read) to Eliza J. Walton as her dower, we constitute one other
portion and attach it to Elizabeth F. Walton valued at $800.00 all
of which being in and hand and by the Court here fully understood to
wit
being (can’t read) by the said Commissioners (can’t read) ordered
adjudged and found by the Court that the said report be Confirmed
and that the said parties Have (can’t read) And it is further
ordered by the Court that an (can’t read) of $30.00 be allowed D. P.
Guild for bringing this action.
Ordered by the Court that all causes not herein before disposed of
Stand Continued unitl the next Term of this Court.
Ordered that Court adjourn until Court in Course.
Cir Judge
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