data are freely accessible
This electronic document is published as part of the St Louis Circuit Court historical records project.
Defendant John J.
Roe by his attorneys
Plaintiff by his
attorneys files his motions to set
aside the order setting aside the
judgement by default
and assesment of
damages herein_
Defendant by attorney withdraws his motion to set aside the execution issued in this case
On a hearing of the
motion of the plaintiff for a new
trial herein_the said motion is by
the
court overruled_
Assumpsit
This day come said
plaintiffs by their attorney and
say hat they will
not further prosecute
this suit. It is therefore
considered that said defend
ands to hence without
day and recover of the plaintiffs
their costs and have
thereof execution_
On motion of
the Clerk of this court It is
ordered that said plaintiff give
security fo the costs here
in, on or before
the calling of this cause for
trial_
Debt.
This day comes
into court said plaintiffs by
their attorney and file their
declaration against
said defendants.
Tehreupon said defendants in
proper person come and waiving the
issuing and
service of process, enter their
appearance herein and say that
they cannot
deny the action of
said plaintiffs nor but that they
are justly indebted to said
plaintiffs in
the sum of one
thousand on hundred and thirty one
dollars and fifty six cents and
confess that said plaintiffs have
sustained dam
ages by reason of
the detention of said debt to two
hundred and twenty five dollars
and thirty seven cents_ It is
therefore considered that
said
plaintiffs recover
of said defendants the said sum of
one thousand one hundred and
thirty one dollars and fifty six
cents their debt afore-
said, together
with the sum of two hundred and
twenty five dollars and thirty
seven cents their damages
aforesaid and also their
costs
in this behalf
expended and have thereof
execution_
The said Lewis
Burwell being brought into court
by the Sheriff of St Louis county,
fild his af
fidavit purging
himself of the contempt herein. On
consideration whereof it is
ordered that he be
discharged from
the custody of the said Sheriff
under the attachment herein issued
on the pay-
ment of the
costs of the preceeding_
On motion of
plaintiff by attorney itis ordered
that lewis Burinell inter into
recognizance to the
state of
Missouri in the sum of one
thousand dollars, with sufficient
surety, conditioned that he
will
not remove
said plaintiff out of the
jurisdiction of this court during
the pendency of this suit_
Thursday February 17th
Defendant by attorney withdraws his motion for a new trial herein-
Court adjourned until tomorrow morning at nine o clock
Friday February 18th 1848.
Court met pursuant to adjournment - Present as before
On virtue of plaintiffs by their attorneys leave is given them to withdraw the exhibits attach
-ed to the depositions to her and filed in this cause by said plaintiffs-
On motion of plaintiffs by their attorneys, It is ordered that the order herein before made
dismissing the cause be and the same is hereby sit aside and recinded _ and secure is
given said plaintiffs to ammend the bill of particulars by them filed as the foundation of this
suit_which ammendment is made
to motion of attorney for plaintiff It is ordered that a commission issue to the State of Vir-
ginia to take the depositions of witnesses on the peril of said plaintiff.
Plaintiff by attorney files a motion for an order on defendant forbidding him to remove said
plaintiff of the jurisdiction of this court
Plaintiff by attorney files his motion for own order directing a special execution in this cause
Plaintiff also files his bill of exceptions herein_
Plaintiff by attorney files his motion for an order directing to special execution in this cause.
Plaintiff files a demmurer to defendants second plea.
Court adjourned until tomorrow morning at ten oclock
On motion of the Clerk of this court It is ordered that the said plaintiff give sufficient security for the costs
herein, within thirty days from his date, and in default thereof that this suit be dismissed_
Assumpsit
On a hearing of the motion of the Clerk of this court for security for costs herein. It is ordered that said plaintiff give
sufficient security for the costs in this case within twenty days from this date
Assumpsit
Defendants by attorney file a motion for a bill of the particulars of plaintiffs demand
Ellen E. Mitchell, James Mitchell and Blair Mitchell minors, who claim to be the owners of
plaintiff by Lewis Burnell their next friend file their motion to dismiss this suit_
It appearing to the court that Lewis Burnell has failed to enter into the recognizance required
by a former order of this court in this cause. It is ordered that the Sheriff of St. Louis county take the
said sold plaintiff into his posession and hire her out to the best advantage fromtime to time du-
ring the pendency of this suit, and that he take bond from the hirer payable to the State of Missouri in the sum of five hundred dollars with
good security, conditioned that the hirer shall mot remove said plaintiff out of the jurisdiction of this court, that he will pay the hire to said
Sheriff and return said plaintiff at the expiration of the term for which she is hired or as soon as this auction is ended_
Partition
This day come said plaintiffs and file their petition for partition
verified by affidavit, and it appeariing to the court that said defend
andts are now residents of the State of Missouri, it is on motion of
attorney for plaintiffs, ordered that the said defendants be notified
by publication that siad plaintiffs hav filed int his court their petition
setting forth that the said plaintiffs and defendants are the owners
in common of certain real estate and praying that partitions may be made of such real estate mongst said parties
and interests, or if partition cannot be made without prejudice to the parties that the same may be sold, which said real estate is described as fol-
lows towit: first a lot of bound in block No 1011 in the city of St Louis, being sixty feet front on the north side of Elm street by sixty feet deep
ure, bounded west by the late Auguste Chouteau's front, or east line of the common fields, north by part of said block_second_a lot of ground situated on
the hill in the city of St. Louis, fronting on Elm street seventy feet, and extending in the rear northwardly one hundred and fourteen feet
and extending on the north part about eightly six feet, bounded on the south by Elm street and on the west by land of Magdalene Scott_It is
further ordered that a copy hereof be published according to law.
Saturday February 19th
-knowledged the same to be her
being made requainted with the contents of said instrument of writing, se
they executed the same, and relinquish their right of doner in the real estate therein mentioned freely and without compulsion or
husbands.
Assumpsit
This day comes said plaintiffs by their attorneys and say that they will not further
prosecute their suit as to said defendant Theodore L McGrill. It is therefore considered
that the said defendant McGrill be hence discharged without day as the costs of plaintiffs
Plaintiff by attorney files a motion for an attachment against said defendant for contempt in disobeying the or-
-der of this court
Garnish on
On a hearing of the motion of said Garnishee for discharge from said garnish
ment_ It appearing to the court that the plaintiff has failed to file allegations &
interrogatories against said defendant according to law_ It is ordered that the same
garnishee to and discharged from all liability under by virtue of said garnishment, and recover of said plaintiff her costs in this behalf
and have thereof execution_
On a hearing of the motion of said plaintiff to set aside the judgement of nonsuit herein
It is ordered that said motion be sustained and that the said judgement of nonsuit be and
the same is hereby set aside at the costs of said plaintiff_ It is further ordered that said defendant may
at his election have a trial of this cause at the present term at his election.
This day come the said defendants and file their motion for an order on the Sheriff of Linn county to de-
liver to them the property levied upon by said Sheriff as belonging to them on their filing in this court
bond and security for the forthowning of said property, on consideration whereof it is adjudged that
that said motion be overruled, because the said Sheriff is the proper authority to whom said bond should be given and who is bound by law to
accept the same and deliver said property to said defendants if they tender to him as good and sufficient bond and security as by the statute in
such case made and provided_
Court adjourned until Monday morning at ten Oclock
A. Hamilton
Monday February 21st 1848
Court met pursuant to adjournment Present as before
Defendant by attorney files his bill of exceptions
Thursday March 9th
Thursday March 9th 1848
Court met pursuant to adjournment_ Present as before
Plaintiff by his attorney withdrawing his motion for a special execution herein_
On motion of attorney for plaintiff it is ordered that a commission to the State of New York to the depo-
sitions of witnesses on the part of said plaintiff-
Dam $27.00
This day come again the said pairing by their attorneys, and also the jury herein before
empannelled, and the jurors aforesaid upon their oaths aforesaid do find and say that said
defendant is guilty in manner and form as the plaintiff hath abore thereof complained
against him, and they assess the damages of the said plaintiff at twenty seven dollars_ It is therefore considered that said plaintiff recover of
said defendant the said sum of twenty seven dollars and his damages aforesaid and also his costs in this behalf and have thereof execution_
Emancipation
In open court comes Richard J. Lochwood who is personally known to the judge of
said court and acknowledges the execution of a deed of emancipation to Caroline
Bascom as brought mulatto female slave about twenty one or twenty two years of age and about
five feet two inches in height
Debt $195.83
Dam $4.17
Debt
This day come said parties by their attorneys, and the defendant withdraws his plea and says that
he cannot deny the action of said plaintiff, nor but that he is indebted to said plaintiff in manner
and form as in his said declaration alleged in the sum of one hundred and ninety five dollars and
eighty three cents and confesses that said plaintiff hath sustained damages by reason of the detention of said debt in the sum of four dollars
and seventeen cents_ It is therefore considered that said plaintiff recover of said defendant the said sum of one hundred and ninety five
dollars and eighty three cents his debts aforesaid together with the sum of four dollars and seventeen cents his damages aforesaid and also
his costs in this behalf and have thereof execution_
Salvage
This day comes into court William Patrick and proves to the court by competent testimony satis-
factory to the court that he is the lawful owner of the said steam boat barge_ It is thereupon ordered
that the said steam boat barge be delivered to said William Patrick on his paying all proper
costs and expenses charging on the same according to the provisions of the cost entitled "on act repec-
-ting salvage" approved February 14th 1845_
Assumpsit on lien
This cause coming to be heard upon the motion of said plaintiff by his attorneys for
an order directing a special execution in this excuse, the said plaintiff and the said
F. Cornelius Hewing appeared by their respective attornies, and on the demand of the
said Stenring by his attornies comes also a jury to wit; J.J. Jeffrie, Henry A. Albright, Charles A. Stayser, Henry T. Taylor, Sammuel Den-
-ny, Thomas J. Warne, David Grant, George H. Betts, W. Hargood, Thoron Barnum, Washington McLee & Anthony Street twelve
good and lawful men who being duly elected tried and sworn the truth to speak upon thematters in controversy between the said plain-
-tiff and the said F. Corneling Herring, upon their oaths do find and say that said F. Corneling Henring at the time the lieu of the plain-
-tiff was pled was the owner of the property in question and that the said demand of the plaintiff has not been paid was released_ Thompson
it appearing to the court that the demand upon which this suit is brought is on lieu upon the following described real estate to wit: "on lot and build
Continued
Continued
Continued
Continued
Continued
Continued
Continued
Continued
Continued
Continued
On motion of attorneys for plaintiffs It is ordered that the Surveyor of St. Louis county proceed to
set survey the premises in dispute between the parties and make report of such survey to this court
according to law
This cause being called for trial, and the said defendants havng failed to answer said bill of discovery_
On motion of attorneys for plaintiffs It is ordered that an attachment issue against the said
William C. Anderson returnable on the first day of the next term of this court, for contempt in
not answering, according to the order of this court, the bill for discovery herein filed by said plain
tiffs against said defendants _ and cause continued_
Petitions for Prohibition_
It is ordered on motion of said plaintiff by his attorney that the prohibition herein before ordered
be and the same is hereby made absolute and perpetual . It is further considered that said pe
titioner recover of said defendant his costs herein and have thereof execution_
Prohibition
On motion of attorney for palintiff It is ordered taht the prohibition herein before ordered be and
the same is hereby made absolute and perpetual_ And it is considered that said plaintiff recover of
said defendants her costs in this behalf and have thereof execution_
Habeas Corpus
This day somes James Lowry and files his petition verified by affidavit setting forth that
Lowry the on of said petitioner is illegally restrained of his liberty within this state by Major P. Morri
son, and praying a writ of Habeas Corpus_ On consideration whereof It is ordered that a writ issue in ac
cordance with the provisions of the Habeas Corpus act, returnable tomorrow morning at ten O clock
Sci. fa. on lien
This day come said defendants and file thei ranswer to said Scire facias, whereby they
say that they cannot deny the matters and things set forth in the said writ of Scire facias,
November Term 1847
On a hearing of the motion of the plaintiff to set aside the nonsuit herein, the said motion is by
the court overruled_
On a hearing of the motion of the plaintiff to set aside the "assessment of damages and the value
of the property in this case", the court doth sustain said motion and doth order and adjudge that
the said assessment of damages and finding of the value of the property by the said giving be
the same is hereby set aside_
On motion of attorneys for defendants and it appearing that the said plaintiff has filed
to give security for the costs herein as required by a former order of this court. It is ordered that
this suit be
their costs in this behalf and have thereof execution_
On a hearing of the said motion of the defendant to exclude the depositions of Silas Connor
and J.J. McCourtney taken by the plaintiff on the third day February eighteen hundred and
forty eight, the court doth sustain said motion and order that said depositions to be excluded
On a hearing of the motion of the plaintiff for an order on the defendant requiring him not to recover
said plaintiff out of the jurisdiction of this court_ the court doth overrule said motion_ And on a hearing
of the motion of the plaintiff for an attachment for contempt against defendant, the said motion is alo
of the court overruled
Defendant by attorney files a motion to dismises this suit. and also his bill of exceptions herein.
Johann Ahrens a native of Germany who applies to be admitted a citizen of the United States comes and proves to the satisfac
-tion of the court, that he has resided in the United States for at least five years and in the State of Missouri at least one year immediately pre-
-ceding this application, during which time he has conducted himself as a mean of good moral character attached to the principles of the
Constitution of the United States and well disposed to the good order and happiness of the same; and the court moreover being satisfied
that said applicant has taken the preparetory steps required by the
and be delivering here in open court upon oath that he will support the constitution of the United States, and that he doth entirely and
absolutely re
particularly to the King of Hannover of whom he was heretofore a subject, therefore the said Johann Ahreng is admitted a citizen of the U
-nited States of America
Court adjourned until tomorrow morning at ten oclock
A Hamilton
On a hearing of the
motions of the defendants for a
new trial herein- the said motion
is by the court
overruled_
Defendant files his bill of exceptions
In appearing
to the satisfaction of the court
that I. Sydney Smith has been
regularly licensed to practice law
in the several courts
of this
State. It is on motion of Uriel
Wright Esquire ordered that he be
admitted to and enrolled a member
of his bar
Deed
William Milburn
late Sheriff of the county of
StLouis this day comes into court
and being
personally known to
the Judge thereof, acknowledges
the executions of a deed by him as
Sheriff
as aforesaid to
Antoine Fortin of all the right
title interest and estate of A. R.
Chouteau and others of in and to a
tract of land in the county of
StLouis, State of Missouri
containing one hundred and thirty
three acres, and thirty three
hundredths
of an acre, sold by
virtue of our order of sale made
by the St.Louis Circuit Court on
the fifth day of December eighteen
hundred and forty five in a cer-
tain proceeding in partition
wherein A.R. Chouteau, E.A.
Chouteau and others were
petitioners, said tract of land is
described as lot marked D.
on
a plat of subdivision, made
by of real estate, made by said
Sherriff Milburn under the order
of sale aforesaid_
Maudames
This cause came on to
be heard on the Petition and
motion of the said defendant
for
a change of venue herein,
and was argued by counsel on
consideration whereof the
court
doth order and adjudge
that said motion be overruled and
that the prayer of
said
petition be not
granted_
Defendant by this
attorney files his motion in
arrest of judgement_which said
motion is by the
court
overruled_ thereupon
said defendant by his attorney
files his motion for a new trial
herein, which
said last motion
is also by the court
overruled_
On motion of
attorneys for plaintiffs it is
ordered that the Surveyor of
StLouis county pro
ceed to
make survey of the following
premises t
said Esther Ann Stearns
from Alexander Thusbands and
bottom in StLouis
county, and also that portion of
said land sold by the said Esther
M
Stearns to the said John
Wilson deeds_and make report of
such survey to this court
accourding to law.
Freedom
on motion of
plaintiff and by consent of
defendants it is ordered that the
order of
dismissal herein
before made by and the same is
hereby set aside and
rescinded.
Partition
On motion of
attorneys for plaintiffs and it
appearing to the court that the
sale herein before ordered has not
been made. It is ordered that the
said order of sale be reviewed
and
that the said Sheriff
proceed to sell the real estate in
the petition described, in lots
and blocks
as
April Term, 1848
Plea filed
Plea filed
Plea filed
Plea filed
Plea filed
Plea filed
Plea filed
Plea filed
Plea filed
Plea filed
Plea filed
Plea filed
Demmurer to plaintiff demand
The defendant files motion for oyer and for bill of
particulars of plaintiffs demand
Defendant files motion for oyer and for bill of particulars
of plaintiffs demand
Defendant Shidy files plea & motion for bill of particulars
of plaintiffs demand
Defendant files affidavit & motion to release John Henderson
for security on the appeal bond herein, and that other
security may be substituted in the place of said Henderson
Defendant files demmurer to declaration & motion for a rule on
the plaintiff to furnish additional security herein.
Appeal
Defendants by his
attorneys, comes and files his
motions for
a unit of procedende
to Justice Philip Mc Donald; and
now
comes the said
plaintiff, by his attorney, and
prays leave to file transcript
of
Judgement which is
allowed.
William Gutling petitioner comes and files his petition for Mandamus against said defendant.
On motion of
plaintiff ordered that this suit
be
Defendant, by his attorney, files motion to quash unit and suit.
Defendant files his
plea, and enters his motion for a
rule upon
plaintiff to file fill
of particulars of his demand, and
for a
stay of procedings
herein until the same is
furnished.
Plea filed.
Appeal.
Plaintiff enters
his motion to
and files his reasons
in support thereof.
Appeal
On motion of
defendants, leave is given to
Jury fee.
Appeal
Plaintiff files her
motion to
On motion of
plaintiffs, it is ordered that
he
of
On motion of
defendant, it is ordered that
State of Georgia +
Alabama, to take the depositions
of
Friday April 28th
Appeal
This day came again the parties by their attorneys and the jurors
aforesaid empannelled in this cause, and the evidence having
been closed, they retired to consider of their verdict.
Court adjourned until to morrow morning at 10 O' Clock
Appeal
This day come again the parties by their attorneys and the
jurors aforesaid empannelled as aforesaid upon their oaths
do find and say that the property levied upon the attachment in this cause was at
the date of the levy the property of Joseph Bord the interpleader Therefore it is con-
sidered by the Court that the said interpleader recover of the said Charles L. Breman
his costs herein expended and have thereof execution.
By consent of parties, it is ordered that this cause be continued
John F Darby administrator of the estate of Angus L
Langham deceased comes & files his petition and also an
abstract accompanying the same praying this Court for an order on the Sheriff of
St. Louis County to pay over to him the proceeds of sale of real estate sold in this
case belonging to the estate of said Langham: on consideration thereof it is ordered by
the Court that the said Sheriff pay the proceeds of said sale to the said
administrator.
No. 210
Plaintiff by his attorneys enters his motion to dismiss this
appeal
Plaintiff by his attorney comes & rejoins in the demmurer
Sei. fa. to revive law of Judgment
And now at this day comes said plaintiff and it appearing
to the satisfaction of the Court from the return of the scire facias
herein that the defendant cannot be found, it is therefore ordered by the Court that
April Term 1848
On motion of plaintiff appellee, it is ordered that this
cause be continued at defendants costs.
Appeal
On a hearing of the motion to
considered by the court that the same be
and that the plaintiff recover of the defendant and Leverett Jr. Hastings,
security in the recognizance for the appeal his costs herein expended and have
thereof executions.
Appeal
On motion of plaintiff appellee it is ordered that this
cause be continued at defendants costs
By consent of parties it is ordered that this cause
be continued.
On motion of plaintiff ordered that an alias summons
Debt. $30.00
Rich Eager sec.
Appeal
This day come the parties by their attorneys, and also
a jury to wit: Samuel Borrvelt, A. J. Hyland, A.
Haywood, David S. Jamison, George Robertson & Michael Phelew, six good and
lawful men who being duly elected tried & sworn the truth to speak of and
concerning the matters in controversy herein upon their oath do find and say
that the defendant is guilty of the trespass con
the damages of the plaintiff in the premises at Thirty Dollars therefore
it is considered by the Court that the said plaintiff recover of the said
defendant and Richard Eager, security in the recognizance for the appeal the
said sum of Thirty Dollars, his damages aforesaid as well as his costs herein
expended, and have thereof excecution.
Defendant withdraws his demurrer & files his plea
Defendant recover the court for a new trial herein
Note & protest filed & ordered to be appended to the
transcript herein.
April Term 1848
Tuesday May 2nd
Court met pursuant to adjournment. Present as before
Appeal
Ordered that this appeal be continued
Attachment
This day come the said plaintiffs by their attorney
and proven to the satisfaction of the court that the
defendant has been notified of the pendency of this suit by publications according to law
and the said defendant though demanded comes not but makes default: nor hath he
appeared or pleaded to the action of the said plaintiff wherefore the said plaintiffs
ought to recover against him: Therefore it is considered by the Court that the default
of said defendant be entered, and that requiring of the damages sustained by
plaintiffs by reason of the premises, be made by a jury at their term.
Appeal
This day comes Hamilton Michaw. Justice & brings a complete
and duly certified transcript of the record & proceedings in this cause
Plaintiff files bill of particulars of his demand
Plaintiff files bill of particulars of his demand
This cause coming on to be heard upon demmurrer to
declaration was argued by counsel and on consideration
whereof the Court is of opinion that said demmurrer is sufficient in law to bar plain-
tiffs action and thereupon the plaintiff obtains leave to amend his declaration by
& this cause is continued at his costs.
Ordered that the three above entitled appeals be continued to next term of this court.
Defendant comes & withdraws his plea & on his motion the demurrer
heretofore withdraws is recalled & this cause stands upon said
demurrer
On motion of attorney Taylor his name is erased from the
trial docket in this suit.
D. A. Jamison,
George Robinson, + James A. Reed,
six good + lawful men, who being
duly
elected, tried + sworn
the truth to speak of and
concerning the matter in
controversy herein
and the evidence
having been closed, retired to
consider of their verdict.
This was a
complaint under the act concerning
landlords and
tenants in the County
of St. Louis. The defendants asked
that
the complaint he tried
by a jury: The Court (John W.
Colvin Esquire) decided that
no
consent, submit the
question to this Court whether a
trail by a jury can be had
render
said act, + a
mandamus to be
it is ordered that
the unit of mandamus be
denied.
Plea filed for Ann Page as co-defendant.
On motion of plaintiff
+ affidavit filed, it is ordered
that a special co-
U.S. Army, Point
Isabel, Texas -
(
This day come the
parties, by their attorneys,
and
thereupon the said Todd +
Krum, attorneys for
James Smith, ubiquiting his pleas
says that he cannot deny the
active of the said
plaintiffs, nor but that he did
plaintiffs have complained against
him, nor but that the said
plaintiffs have
sustained damages by reason of the
promises: + the said defendant
James H. J.
Blackwood, though demanded comes
not but makes default, and the
Court from
an inspection of the instruments
in writing upon which this suit is
instituted doth
to the sum of Seven Thousand Six
Hundred and Eleven Dollars and
Sixty
seven cents. Therefore, it is
considered by the Court that the
said plaintiffs
recover of the said defendants the
sum of Seven Thousand Six Hundred
and
Eleven Dollars and Sixty Seven
cents their damages aforesaid, as
well as their costs
herein expended, and have thereof
execution.
Defendant files his
affidavit for a continuance - on a
hearing of
which, it is ordered that this
suit be continued at defendant's
costs.
Wednesday May 3rd
On motion of plaintiff it is ordered that this came be
his costs.
By consent of parties this cause is continued & leave given
defendants to plead.
By consent of parties this cause is continued.
On motion of plaintiff it is ordered a
the State of Maryland to take the testimony of
in their behalf & this cause is continued at their costs.
On motion of defendant it is ordered that this cause be continued
at his costs.
Defendant files his affidavit for a continuance_ on
hearing which it is ordered that this suit be continued
at his costs.
This day come the parties by their attorneys & on a hearing
of the demurrer to the declaration herein the Court is of
opinion that the same is sufficient in law to have peffs action. Therefore it
is considered that the said plaintiff have leave to amend his declaration and
this cause is continued at Plaintiffs costs.
On motion of plaintiff, it is ordered that this cause be continued
the defendant herein not having been
Ordered on motion that this cause be continued
Garnish on Ex No 71. Apl. Term 1848
This day comes the said plaintiff & discontinues his suit.
Therefore it is considered that the said garnishee he discharged
& that plaintiff pay the costs of this suit.
Garnish on Ex. No 170 Apl. Term 1848
This day comes the said plaintiff & discontinues his
suit. Therefore it is considered that the said garnishee
be discharged & that plaintiff pay the costs.
Saturday May 6th
On a hearing of the motion that plaintiffs by required to furnish
bill of particulars of his demand, it is ordered that the cause be sustained.
On a hearing of the motion for a new trial herein it is ordered
that the same be granted
On a hearing of the motion for a to set aside the non suit
herein, it is ordered that the same be overruled
Motion heretofore for security for costs is withdrawn
On a hearing of the motion for security for costs heretofore ordered it is ordered
that the said plaintiff give security herein on or before the first day of next term
On a hearing of the motion to
same be overruled & this cause is continued.
On a hearing of the motion that plaintiff be required to finish bill of
particulars of his demand, it is considered that the same be sustained
Petition & motion to set aside exception.
And now come the said parties & submit to the Court their proofs
tenching the matters contained in the said petition and the same
being heard and it appearing to the Court that said Purris has
been discharged by proceedings in Bankruptcy as stated in said petition and nothing being-
alleged or shown to the Court why said Jurors should not have the benefit of such
discharge it is ordered that all proceedings on the judgment in said petition mentioned as
to said Jurors be perpetually stayed without prejudice to the right of the creditor to
make said Jurors a formal party only to proof that may
And it further appearing to the Court that the allegations and proofs impeaching the said
Crimion's discharge in Bankreuptcy are proper to be submitted to a jury on proper
such
notice in venting to said Crimion at least thirty days before such trial of the par-
ticular fraud or concealment of property by the said Crimion Committed against the
promises of the Bankrupt act on which said Nelson will rely on said trial
and that all proceedings on the execution mentioned in the petition be stayed till the further
order of the Court
Petition & motion to set aside exception.
And now come the said parties and submit to the Court their
proofs tenching the matters contained in the said petition and
the same being heard & it appearing to the Court that said
This day come the
parties by their attorneys, and
the
said defendants
seliuquis huiq their pleas herein:
say
they cannot deny
the action of the said plaintiffs,
nor but that they did
in manner and form
as they have alledged against them
in their declaration, nor but that
the said
plaintiffs have
sustained damages herein by
occasion fo the promises to the
sum of One
Thousand and Sixty
Seven Dollars and Sixty cents _ _
_ _ Therefore, by consent is
and Sixty Seven
Dollars and Sixty cents _ _ _
their damages aforesaid
as their costs
herein expended + have thereof
execution.
This day come the
plaintiffs, by their attorney,
and
also a jury,
towit:-- Curtis Coolidge,
Cornelius
Demarast, W. H.
Timberlake, Henry Quinnette, S.H.
Robins, John A. Vietch, James
A.
Reed, R. W.
Thompson, R. Bartlette,
Chrs Rogers, Charles
E. Lonnig + Oliver Quinnette
twelve good and
lawful men, who being duly elected
tried and + sworn well and truly
to
try the
say that the said
plaintiffs have sustained damages
by reason of the premises to
One
Thousand and Sixty
Seven Dollars and Sixty cents.
Therefore, it is considered by the
Court that the
said plaintiffs recover of the
said defendant the said sum of One
Thousand
Dollars and sixty
cents, their damages aforesaid,
together with their costs
herein expended +
have thereof execution.
Petition in Debt.
This day come the
said plaintiffs, by their
attorney, and the
said defendant
though demanded comes not but
makes
default; nor hath
he appeared or pleaded to the
plaintiff action herein, wherefore
the said
plaintiffs ought
to recover against him: and the
Court from an inspection of the
instrument in
writing upon which
this suit is brought, doth find
that the said defendant is
indebted to the
said plaintiffs in
the sum of Four Hundred and
fifteen Dollars and Four cents
Debt
doth
thereof at Sixty
Nine Dollars and Thirty one cents.
Therefore, it is considered by the
Court that
the said
plaintiffs recover of the said
defendant Four Hundred + Fifteen
Dollars and Four
cents Debt
aforesaid, and also Sixty Nine
Dollars and Thirty one cents
damages, together with
their costs herein
expended and have thereof
execution.
This day come the
parties by their attorneys, and
the said
defendant
seliuquis being his pleas herein,
says he cannot deny
the action of the
said plaintiff, or but that he did
said plaintiff has
alleged in his declaration, and
has sustained
damages by reason of the premises
to Two hundred and Fifteen Dollars
and sixty five cents. Therefore it
is considered by the Court that
the said plain-
tiff recover of
the said defendant the sum of Two
Hundred and Fifty Two Dollars
and
Sixty Five cents
his damages aforesaid
and have thereof
execution.
Replevin
This day comes the
parties, by their attorneys,and
waiving a jury
herein, submit this cause
to the Court, and the Court,
being
fully advised in the
premises, doth find that the said
defendant is not guilty in
manner
and form as the plaintiff
hath complained against him, and
that at the time of the
commencement of this suit,
and of the service of the rent of
replevir, the property taken
and relevied as aforesaid
was and now is the property of the
said defendant, and
the Court doth find the
value of the property so replevied
to be Ten dollars,and
the same at one cent. It
is therefore considered that said
defendant recover of the plaintiff
the property in the declaration
described, towit:"one sorrel mare,
with a
star in her forehead, one
bay mare with a star in her
forehead, and right
hind foot - white; or if
the defendant elicits to accept
the value of said property
so found by the Court in
lieu thereof, then that the said
defendant do recover of
the said plaintiff and
Michael McMahon and Uriel Loch,
securities in the
replevir band herein
taken, the sum of Ten Dollars, the
value of the said property
so as aforesaid
said defendant recover
of the said plaintiff and
securities the sum of Two cents,
being double the damages by the
Court
property together with
his costs herein and have thereof
execution
Judgment rendered in
the St. Louis Circuit Court
for the sum of
$489.58.
Josiah Spalding atty of
record in this case came into
Court and
acknowledged himself
satisfied of the judgment
heretofore rendered in this case
on the
The said defendant comes
and moves the Court to
pretended suit and file
his reasons in support
thereof.
Henry Otto, a native of
comes and proves to the
satisfaction of the Court that he
has resided in the United
States
for at least five
years, and in the State of
preceding this
application, during which time, he
has conducted himself as a man
of good moral
character; attached to the
principles of the Constitution of
the United
States, and well
disposed to the good order and
moreover being satisfied
that said applicant has taken the
preparatory steps required
by the laws of the United
States concerning the
naturalization of foreigners,
and
he declaring here in open
Court upon oath, that he will
support the Constitution
of the United States, and
that he doth entirely and
absolutely renounce and
abjure forever all
allegiance and fidelity to every
foreign power, prince, state
and Sovereignty
whatsoever, and particularly to
the King of
he was heretofore a
subject Therefore the said Henry
Otto is admitted a citizen
of the United States of
America.
This day come again the
said
parties by their attorneys,
and the
Continued.
Continued.
Continued.
Continued.
By agreement of parties, it is ordered that this cause be
Continued by
Consent.
Continued on motion of plff.
Continued.
Continued on motion of
plaintiff
Ordered that this cause be
Continued on motion
of plaintiffs.
Continued on motion
of plaintiff
Continued on motion
of plaintiff.
Continued.
Partition.
Continued.
Continued.
On motion of plaintiff, it is ordered that this suit be
Continued on motion
of plaintiffs.
Continued on motion
of plaintiffs.
Continued on motion of plaintiffs
Continued.
Garnish. in Ex No
114 Nov Jan 1844
Answer of garnishe
filed.
Cognovit
This day come the
said plaintiffs, by Thos. J.
Garnett
their attorney and
filed their declartion
against
the said defendant and
thereupon I. Polk, one
of the attorneys of
this Court appeared
and by virtue of a
warrant of attorney for that
purpose excecuted by the said
defendant, and now
produced in open Court and duly
proved, waived the
p
did ap
their declaration
against him and
have sustained damages
by reason thereof to Two Hundred
and One Dollars and sixty cents,
their damages so
their costs in this
behalf expended + have thereof
execution.
Court adjourned until to morrow morning at 10 O'Clock
Cognovit.
This day comes the
plaintiff by Mumford, her
attorney
and filed his
declaration against the said
defendant
and thereupon Albert
G. Leary on of the attorneys of
this Court appeared in
open Court in behalf
of said defendant, and by virtue
of a warrant of attorney
for that purpose
executed by the said defendant,
and nwo produced in open
Court and duly
proved, waived the
and form as the said
plaintiff has in his declaration
alleged against him
and
thereof to One
Thousand and Eight Hundred Dollars
and costs of court. Therefore
It is considered that
the said plaintiff recover of the
said defendant
the said sum of One
Thousand Eight Hundred Dollars his
damages
aforesaid
thereof execution
twelve links
to a white oak eight inches
diameter(comes thence south
thirteen
chains and fifty eight
links to the place of beginning
contaning forty six acres
and seven hundredths
of an acre more or
adjoining siad tract of
land bounded as follows: beginning
at the South West
corner of
his wife to Jonathan
Carden by deed + by him conveyed
to William S.
Euches, hence sough eleven
to a statue, thence east five
changes + thirty links
to a stake soucht and near
a spring, hence North twenty five
+ thence fourth
degrees east twelve
chains and two links to a stake in
said Carden's live
hence with that live west
ten chains and three links to the
beginning, containing
eight acres and fifty
nine hundredths of an acre. Said
land was sold
by said sheriff under
and by virtue of a special unit of
fieri facias from
the St. Louis Court of
Common Pleas in favor of Andrew J.
Hibler, admr of
William Hibler
deceased against William S.
Euches.
This day come
the defendants, by their attorney
+ file
their affidavit _
more for a continuance herein:-
on considereation
whereof it is ordered that this
case be continued at the costs
of the said
defendants.
Repleum
On motion
of plaintiff by his attorneys it
is ordered that a
Ejectment.
This day
come the parties by their
attorneys
and also come
a jury court:- Harrison
Tiffen, Samuel
S. Gerson, A.M. Swarty,
Richard
Thornton, Henry S. Taylor,
Joseph
K. Bent, Adam
conrad, William Cozens, Samuel
Bosworth, Joseph Newman, William
C.
Robinson +
Cornelius Demorast, twelve good +
lawful men, who being duly elected
tried
and sworn
the truth to speak upon the
not being
closed were adjourned with to
morrow morning at 9 O Clock
The said plaintiffs, by their attorneys move the Court for
executionof the judgment herein before ordered, towit on the 30th
day of July A.D. 1847 in favor of the said plaintiffs and against George Collier, administr
rator of Peter Powell, deceased. And the said defendant, but his attorney, enters his
appearance to the said Motion.
This day come again the daid parties, by their
attorneys and the jurors aforesaid empannelled
in the cause, upon their oath hdo find for
the plaintiff, and
the sum of Two Thousand + four hundred dollars. Therefore it is considered by the Court that
the said plaintiff recover of the said defendants the said sum of Two Thousand and
Four Hundred Dollars, her damages aforesaid
behalf expended and have thereof execution.
Petition and statement
The Court being satisfied upon proofs that the sheriff has
hitherto been and is still unable to hire out the petitioner
under the order of teh Court heretofore made for that purpose, and it appearing further-
more that the said petitioner and her infant child are in confinement in the jail of
the county, and that their continuance in such confinement will be highly prejudicial
to their health, itis ordered taht
from confinement in the said county jain. And it further appearing to the Court
that there are parties other than said defendant, and non-residents, who
claim titled to the said petitions, but who from peculiar circumstances show to the
Court, and under the advie of their counsel, decline and are unwilling to make
themselves parties to said suit, believing that such a course would be prejudicial
to their rights in view of the premises, the county authorities are hereby respect-
fully requested to receive the said petitioner and her child unto the establish-
ment known as the "County Farm", until the determination of the said suit
her labor in the mean time to be applied towards her support and the sheriff
of this County is hereby ordered to carry this order into effect.
Defendant by his attorneys moves the Court to set aside the
verdict rendered in this case and brant a new trial +
files his reason in support thereof.
of the Constitution of the United States, and well disposed to the good order and
the same: and the Court moreover, being satisfied, that said applicant has taken the prepara-
tory steps required by the laws of the United States concerning the naturalization of foreigners
and he declaring here in open court, upon oath, that he will support the Constitution of the
United States, and that he doth entirely and absolutely renounce and abjure forever
all allegiance and fidelity to every foreign power, prince, state and sovereignty whatsoever
and particularly to the Gran Duke of Saxe Weimer of whom he was heretofore a subject.
Therefore the said William
Continued by consent.
Freedom.
Continued by consent.
Sci. fa on
This day come the said plaintiffs, by their attorney, and
discontinue this suit. Therefore it is considered that the
said defendant go hence without day and recover of the
said plaintiffs their costs herein expended & have thereof
execution.
Sci. fa on Lien
This day comes the said plaintiff, by his attorney, and
discontinues his suit. Therefore it is considered that the
said defendants go hence without day and recover of
the said plaintiff their costs herein expended, and have
thereof execution.
This day came again the said parties by their attorneys
and the jurors aforesaid empannelled in this cause
also came, and the evidence not having been closed
were adjourned until
Court adjourned till
Court met pursuant to adjournment. Present as before.
Case.
This day came again the said parties, by their attorneys, and waiving
a jury herein, submit this cause to the Court. And thereupon the
said defendant withdraws his plea herein filed, and
and form as the said plaintiff hath complained against him, and by reason of the
Wednesday, June 28th
in favor of F. Dierkuis use of Henry Nagel, plaintiff and against Henry Heris and
August Court, defendants, dated the sixth day of April
Warrant No 147 to Sept Term 1848 Con. Pleas
This day comes Samuel Conway, sheriff and
represents that the Steam boat Nathan Hale was
seized under the warrant in above entitled case, and that no person gave Bond as
required by the statute. It is therefore ordered that said sheriff proceed to sell said
boat with her tackle, apparel and furniture at public auction to the highest bidder
for cash after first giving twenty days notice of the time place and terms of sale by
publication in same newspaper published in the city of St. Louis and that said
Sheriff retain the Money arriving from such sale subject to the order of this Court
and make return of his proceedings under this order to this Court within ten
days after such sale shall be made.
Appeal
On a hearing of the motion for rehearsing & reargument in
this cause made. it is ordered that the same be overruled
On a hearing of the motions for new trial and warrent of
judgment it is ordered that the same be overruled. and
thereupon the said defendant moves the Court to set aside the judgment rendered in this
cause, on consideration whereof the Court doth overrule the same.
Plea to amended court of Peffs declaration filed.
The clerk of this court moves that the plaintiff be required
to give security for the payment of costs herein.
Partition
Report of
Appeal.
On motion it is ordered that a
New York to take the depositions of
in this cause.
Court adjourned until to morrow morning at 9 O' Clock
A Hamilton
November Term 1848.
court doth further find and declare that the said Charles Mercier, Dennis Courtois, John
Kelly, Catharine Kelly, Raptite OBuchon, Celeste OBuchon, Barnabas Hanley and
Aurore Hauley have no intent in said lands on tenements, and the court doth
therefore order and adjudge that partition of said premises be made between the
said Julie Dillon, Helene Dehetro, Marie Louie Dishitre Riffle, Emelie Gof
and Marie Anne Courtors according to the finding of the Court in the premises
and the Court doth appoint John Howdeshall Frederick Hyatt and John K.
Walher
the Court in the premises, and doth further order that said
report to this Court of their proceedings herein as usual.
Pet. for Freedom
Amended declaration filed.
Ejectment
It appearing to the Court that Susan Ann Hopkins
John William Hopkins, Elethia Eleanor Hopkins and
Belinda Hopkins are the children and only heirs of
Thomas E. Hopkins, it is ordered on their application that they be made plaintiff
in heir of said Thomas E. Who has died and have liberty to prosecute this suit
as plaintiff.
Case
Amended declaration filed
The Court adopts the Rules of Practice as reported this day by Mepars
Josiah Spalding, Hamilton R. Gamble, Willis L. Williams. Charles R Lord and Albert
Todd, and orders that the clerk comes the same to be copied into the Record
Ordered also that the clerk procure 250 copies thereof to be printed for the use
of the Court and Members of the Bar.
Appeal
This day comes the said plaintiff by his attorney
and enters his appearance herein.
Appeal.
This day comes the said defendant by his attorney and enters
her appearance herein
Appeal.
This day come the said plaintiff by their attorneys and
enter their appearance herein.
Debt on adm. Bond
Plea of Jonas Moore filed
Seif
Plea filed.
Seif
Plea filed.
Seif
Plea filed.
Seif
Plea filed.
Seif
Plea filed.
Seif
Plea filed.
Seif
Plea filed.
Seif
Plea filed.
Plea filed.
Plea filed.
Plea filed.
Plea filed.
Seif
Plea filed.
Demand.
Plea
filed.
Plea filed.
Trespass
Plea
filed.
Replium
Plea
filed.
Plea filed + motion for bill of
particulars.
Plea filed
Plea filed
This day comes the
said defendant, by his attorneys,
and craves
oyer of the instrument
in renting mentioned in the first
four
courts of plaintiffs
declaraton, and also moves the
Court for an order on the
plaintiff
to furnish a bill
of particulars of his demand
render the fifth court of his
declaration
Plea filed.
Case.
Plea
filed.
Ple
a filed
Ple
a filed
Ejectment.
Plea
filed.
Case.
Plea
filed.
Ejectment.
This day come the
said parties, by their
attorneys
and waiving a jury
herein submit this cause
to the Court, on
consideration of the premises
the Court doth
and profits of the
said premises at the sum of one
cent. It is therefore considered
by the
Court that the
said plaintiffs recover of the
said defendants the
of the premises
in the declaration
discribed towit: -" A certain
tract or parcel of land situated
and being in the
County of St.
Louis described as follows. towit:
Beginning at a stake in a line of
James
Richardson, thence
by a line of Morris James, north
thirty degrees east one hundred
peiches
to a stake a
corner or the same, thence by a
line of William Jamison, north
Eighty
degrees West
twenty two peiches to a stake, a
corner on said line
thence North
eighty degrees West one hundred
and thirty four peiches to a
stake,
thence South
thirty degrees East, eight peiches
to a stake, in a line of James
Richardson, thence
by the same South, sixty degrees
east on hundred and fifty
seven
peiches to the
beginning containing one hundred
and fifty aspens French
measure":-
It is further
ordered by the Court that the
plaintifs recover of the said
defendants
the said sum
of one cent their damages
aforesaid, and the monthly value
of
the said
promises, until
them, and also
their costs by them in this behalf
expended, and have thereof
execution.
Plea filed.
Plea filed.
Appearance of appellees filed
Appearance of appellees filed
Tuesday November 21st
Allegations and interrogatories filed
Plea filed
Dam $1553.12
Sci. fa to recover lien of Judgment.
The said plaintiff by his attorney comes and the said defendant though
demanded comes not but makes default nor hath he appeared or pleaded
to the said plaintiff action, wherefore the said plaintiff ought to have his certain judgment recieved
against him said defendant, which was rendered in this Court on the sixteenth day of December
in the year of our Lord one thousand eight hundred and forty two, for the sum of One Thousand
Five Hundred and Fifty Three Dollars and twelve cents for his damages together with his
costs in that behalf expended. Therefore it is considered by the Court that the judgment aforesaid
be recieved and the lieu thereof continued for the period of two years from this date. It is
further considered by the Court that the said plaintiff recover of the said defendant his costs
in this behalf expended and have thereof execution.
This day comes the said defendant by his attorney and moves the Court
that the said plaintiff be ruled to give security for the payment
and the Court being sufficiently advised of and concerning said motion
doth order that in default of plaintiffs furnishing said security within ten days
hereof this suit shall be
Plea filed
On motion of defendant by his attorney, and the Court being
advised in the premises, it is ordered that the plaintiff
file security for the payment of costs in this day, and that in default thereof
this suit with be
Security for the payment of costs filed.
Garn. on execution No 130 Nov 5. 1848
On motion of plaintiff in proper person. it is ordered
that the time for filing allegations & interrogatories
herein be extended & that he have leave to file
the same within ten days from this date.
Garnishment on attach No. 27 Nov 7 1848
On motion of plaintiffs in proper person it is
ordered that the time for filing allegations and
This day come the
said defendant by his solicitors
and moves
the Court that the
said plaintiffs be ruled to file a
bill of the
particulars of thier
demand
Plea of Martin
+
Conway filed.
Plea filed.
Plea filed.
Plea filed.
Plea filed.
Plea of Ferguson filed.
Plea of Walter filed.
Plea filed.
Plea filed.
Plea filed.
Plea filed.
Plea filed.
Plea filed.
Alligations +
interrog=
ations filed.
Alligations + interrogations filed
C. W. Coote
comes by his attorney and
moves
the Court to quash the
attachment or proceedings
against said
garnishes
Gam on attach
No. 141.
Allegations +
interrogations filed.
Garnishment on
attach No. 144
Allegations +
interrogations filed.
owners and
appears of the Steam Boat Edward
Bates be and they are hereby
accordingly
restrained and
enjoined from employing the said
boat in the trade from St. Louis
to New
Orleans,
the sum of Two
Thousand Dollars. It is further
ordered that a copy of this order
be served
unpon the
defendants forthwith.
Plea of Benorst, Pniuwum + Taylor filed
Upon hearing the
petition of William Gutting and
the Court being
sufficiently advised
in the promises doth order that
Justice George
A. Hyde show cause
before this Court on or before the
twenty third day of December
next
why he should not try
the suit brought before him by
William Gutting, plaintiff and
against
Berthold Fennowitz,
defendant, without delay.
On motion of
defendants by their attorney and
it appearing to
the Court that
the plaintiff has failed to give
security for the
payment of
costs in this cause as he was
required by a rule heretofore
entered in this
cause_ it is
therefore ordered that this cause
be
go hence
without day and recover of the
said plaintiff his costs in this
behalf
expended, and
have thereof execution
It is orderred
by the Court in the within named
cause
that the
petitioner shall during the
pendency of the
suit have
reasonable liberty of attending
her counsel and the Court that she
shall
not be removed
out of the State or jurisdiction
of this Court, and that she
shall
not be subject ot
any severity on account of her
application for her freesom,
and
that she be
permitted to sue as a poor
person.
On motion of
plaintiff, by his attorney, it is
ordered that
this cause be
continued and that an alias
summons
Ejectment.
The said defendant,
by his attorney, comes and moves
the Court to set aside the
verdict in this cause
and grand him a new
treat.
The said
defendants, by their attorneys,
come and move the Court that
said plaintiff be
ruled to give security for the
costs of this suit
The said
defendants, by his attorneys,
comes and craves oyer of the
that proceedings be
stayed until oyer be
furnished.
On motion of
plaintiffs, by their attorney, it
is ordered that this cause
be continued and
that an alias
summons
defendant Cornelius
Van Houton returnable to the next
term of this Court.
This day comes the said
plaintiff, by his attorneys, and
discontinues
this suit. Therefore
it is considered that the said
defendants go hence
without day and
recover of the said plaintiff
their costs herein expended, and
have thereof execution
The defendant, by
his attorneys, files his affidavit
for a continuance on con-
sideration whereof
it is ordered that this cause be
continued at his costs.
and that
execution
And the said
defendants, by their attorneys,
com and move the
Court that the
plaintiff be ruled to give
security for costs in this
cause
And the said
defendants, by their attorneys,
come and move the
Court that the
plaintiff be ruled to give
security for costs in this
cause
The said plaintiff,
by his attorneys, comes and
discontinues this
suit. Therefore it
is considered that the said
defendant go hence
without day, and
recover of the said plaintiff his
costs herein expended + have
thereof execution.
Plea filed.
This day
come again the parties aforesaid,
by their attorneys, and the
jurors aforesaid
empanelled and sworn, and the
evidence having
been closed,
retired to consider of their
verdict.
Seven cents
their damages aforesaid, as well
as their costs herein expended to
be taxed, and have
thereof
execution.
Covenant.
By consent of
parties, it is ordered that this
cause be continued as on
affidavit of
defendant at defendants costs and
that execution
Petition in Debt.
This day come the
parties by their attorneys. and
waiving a jury
submit this cause
to the Court upon the
upon the said defendant
withdraw his plea herein filed,
and by consent of parties the
Court
doth find that the said
defendant is indebted to the said
plaintiff in the sum of two
Hundred and Forty
Dollars, and
of the premises at
the sum of Twenty Two Dollars and
Forty cents. Therefore it is
considered by the
Court that the said plaintiff
recover of the said defendant
Two
Hundred and forty
Dollars Debt. and Twenty Two
Dollars and Forty cents his
damages aforesaid,
together with his costs herein
expended to be taxed, and have
thereof
execution.
This day comes the
said plaintiff by his attorneys
+
discontinues this suit.
Therefore it is considered by
the Court that the said
defendant go home without day +
recover of the said plaintiff
his costs herein
expended and have thereof
executions.
Emancipation.
This day cam unto
Court Benjamin Stockerey and
Thos.
J. Gautt. two
credible
their oaths, proved the
execution of a deed of
emancipation
by Mary E. Page to
Nancy Douglas of light mulatto
complexion aged about
thirty years, and her
three children Josephine, Mary and
Virginia.
Sheriff's Deed.
Samuel Conway late
sheriff of St. Louis County
this day came unto
court and acknowledged in
open court the
execution of a deed by him as late
sheriff as aforesaid to
Henry N. Hart of all the
right title and interest of
Alexander Dougherty Mason
J. Dougherty etats of in
and to the West half of the North
West quarter of section
fourteen township forty
five, range five East of the fifth
principal meridian
containing eighty acres.
Said land was sold by said Conway
Sheriff of St Louis
County under and by
virtue of an order of sale made in
the matter of Alexander
Dougherty. Mason S.
Dougherty, Alfred Dougherty etats.
Petitions for petition by the St.
Louis Circuit Court on the
Partition.
This day came the
sheriff of St. Louis County
and
on motion of said
petitions, and it appearing to the
Court that the sale made by
Samuel Conway, late
sheriff (a report of which was
heretofore filed,) has been in
all respects legally
made, it is ordered that said
report and the matters
therein
contained be confirmed
and stand as firm and effectual
forever, and that said
sheriff after paying
the costs of this preceeding, pay
over to the parties entitled
Nathan
Allen, Luther Perkins, Andrew
Icenhowen, William Blockman,
WmCotter
Patrick
O'Brien, Charles C. Blackston,
Stafford McGee, James S. Pool and
Thomas
O'Keiffe,
twelve good and lawful men, who
being duly elected tried and sworn
well
and truly
to
at the sum of
Twelve Hundred and Twenty Seven
Dollars and Fifty Three cents
Therefore it
is considered by the Court that
the said plaintiff do never of the
said
defendants
Nine thousand Dollars, dis debt
aforesaid, as well as Twelve
Hundred and
Twenty Seven Dollars and fifty
Three cents, his damages
aforesaid
together with
his costs herein expended to be
taxed, and that the said plaintiff
have execution
against said defendants for his
damages and costs aforesaid.
This day
comes the said plaintiff, by
attorney, and the
said
defendant though demanded, comes
not but
makes
default -, nor hath he appeared or
pleaded to this action
wherefore the
said plaintiff ought to recover
his damages against him by reason
of the
ferenures:
and the Court from an inspection
of the instrument in writing upon
which
this suit
is brought, doth find that the
said plaintiff has sustained
damages
herein at
the sum of Six Hundred and Thirty
Four Dollars. Therefore it is
considered
by the
Court that the said plaintiff
recover of the said defendant the
sum of
Six
Hundred and Thirty Four Dollars,
his damages aforesaid, as well as
her costs
herein
expended to be taxed and have
thereof execution
Partition
This day come the
said petitioners, by their
solicitors, and the
defendant Euphemia
Duchouquette, though
demanded,
comes not but makes
default. Therefore it is
considered that the default of
said
defendant be
entered.
This day
comes J. L. Papin guardian for
Lore Du=
chouquette,
Mary Duchouquette, Emma
Duchouquette,Joseph Duchouquette
and John B. Duchouquette, infants
within the age of twenty one
years, and
presents his band with two
sureties in the sum of One
Thousand
Dollars,
conditioned for the faithful
discharge of his trust as guardian
in this
which band the
Court approves = orders the same
to be filed.
On
motion of petitioners, by their
solicitors, it is ordered
that they
have leave to amend their petition
so as to
make
Honore Picotte and Terese his
wife, who have signed the
petitions, petitioners.
On motion
of plaintiff by his attorney, it
is ordered that
this cause
be
Plea of Mrs Ann Page withdrawn