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Court met pursuant to adjournment. Present as before
On motion of said defendant leave is given him to file an answer
herein on or before Tuesday next.
On motion of said defendants by Attorney three weeks further
time is given them to file an answer herein.
Demurrer filed.
Answer filed.
Defendant files a motion that the judgment herein rendered
be set aside, & leave is given him to file an affidavit in support thereof.
On motion of said defendant by Attorney the sum of Fifteen dollars
is allowed for the costs of copies of certain exhibits in this cause.
By leave of the Court allegations and interrog-
atories are filed herein.
On motion of said plaintiffs by their Attorney ten days
further are given them to file herein allegations &
interrogatories
Now at this day come said parties by their Attorneys, and the motion
of said defendant that the judgment herein rendered be set aside, being
heard and the Court being fully advised of and concerning the prem-
ises, it is ordered that said judgment be set aside. It is further ordered
that said defendant file herein the exhibit referred to in his answer, and also a bill of particulars
of his offset, and that the plaintiff thereafter have time to reply thereto. And it is further ordered
that these proceedings be without prejudice of the plaintiff's right of a trial at the present term.
On motion of said defendant the time of filing an answer here-
in is extended one month.
On motion of said defendants
to file an answer herein on or before the 26th May next.
On motion of said defendants Charles Chouteau and Pierre Chouteau
by their Attorney the time of filing an answer herein is extended until
the 26th of May next.
Petition for Freedom.
Now at this day come said parties by their respective attorneys,
and by their consent it is ordered that the motion of said
plaintiff to
Petition
Now at this day comes said plaintiff
by his Attorney, and on his motion
it is ordered that this cause be
mifsed
missed
Petition for Freedom.
Now at this day comes said plaintiff by his Attorney
and says that he will not further prosecute this action, but
voluntarily suffers a nonsuit. It is therefore considered by the
Court that the said plaintiff take nothing by his suit in this behalf, And that
said defendant go hereof without day.
Assumpsit.
Now at this day come said parties by their
respective attorneys, and thereupon come also
a Jury to wit, David Brownlee, Thomas Oders,
John Pregitt, Robert Dickenson, Michael
Powers, Gabriel D. Darlington, John H Blood, William H. Jennings,
John D Kauffmann, John H Baldwin, Charles Primm & George Buchannan,
twelve good & lawful men, who being duly elected, tried, and sworn well &
truly to try the
and the same being finished the Jury retire to consult of their verdict.
The Court adjourned to meet tomorrow morning at Nine O'Clock.
Injunction.
Upon hearing the foregoing petition, it is ordered
that upon the petitioner's executing bond in the
sum of One Thousand Dollars, conditioned ac-
cording to the Stature in such cases, the said defendants, their agents, and attorneys,
be enjoined and restrained from furtther interfering with the
firm of Finn & Gorman, and from collecting any of the debts due to the said
firm, and from disposing of any of the notes, bills, accounts, evidences of
debtednefs
debtedness
der of this Court, and that the said bills, notes, accounts, books, and evidences of
Now at this day come said plaintiffs by their attor-
-neys, but said defendant Adolphus Bradford, al-
-though duly warned and called comes not but makes
default, wherefore on motion of said plaintiff, it is
ordered by the Court that their petition be taken against said defendant Adolphus Bradford as
and on their further motion it is ordered that an alias
writ of summons, returnable to the next term of this Court,
said defendant John R Bradford.
Petition for Freedom.
Now at this day comes said plaintiff by his attorney, but
said defendant although duly warned and called comes
not but makes default, wherefore the Court, doth on
motion of said plaintiff, order that his petition be taken
against said defendant as
doth on motion of said plaintiff by his attorney, find in favor of said plaintiffs.
It is therefore considered by the Court that the said plaintiff Edward be set free and
liberated from servitude to said defendant, and all persons claiming under him by
title derived since the commencement of this suit, and that said plaintiff recover
of said defendant the costs of this suit and that execution
Petition for Freedom.
Now at this day comes said plaintiff by his attorney, but
said defendant although duly warned & called comes not
but makes default, wherefore on motion of said plaintiff
it is ordered by the Court that the petition be taken against
said defendant as
on motion of said plaintiff by his attorney, find in favor of said plaintiff. It is
therefore considered by the Court that said plaintiff Samuel be set free and liberated
from servitude to said defendant, and all persons claiming under him by title de-
rived since the commencement of this suit; and that said plaintiff also recover
of said defendant the costs of this suit and that execution
Slander.
Now at this day comes said defendant by his Attorney,
but said plaintiff although solemnly called comes not,
wherefore, it is considered by the Court that he be
and that said defendant go hence without day & recover of said plaintiff his costs &
charges expended herein, & have therefor execution.
Complaint.
Now at this day come said parties by their respective Attorneys,
and file their written agreement that this suit may be dis-
continued as to the said John Atchison; principal in the
Bond given for the release of said defendant, and that
judgment may be entered up herein against John B. Sarpy, security in said Bond, for the
sum of One Hundred Dollars. It is therefore considered by the Court that said plaintiffs
that recover of said John B. Sarpy the sum of One Hundred dollars and also their
costs and charges expended herein and that they have execution therefor.
Now at this day come said parties by their Attorneys, and by
their consent, this cause is continued until the next term of the
Court. Plaintiff files herein a motion that defendant be
ruled to file an additional bond
It is suggested to the Court that said plaintiff has departed
this life, and thereupon comes Samuel Ingram, administrator
of said plaintiff & enters his appearance as such herein.
It is ordered that these causes be
continued until the next term of
this Court.
By consent
of parties
it is ordered by the Court that these causes be continued until its next term.
The Court adjourned to meet tomorrow morning at Ten O Clock.
Replerin
Now at this day come the parties by their attorneys and agree
and consent that the Court shall render judgment herein
in favor of said plaintiff and against said defendant
for the sum of One cent damages and costs. Wherefore it is considered by the
Court that said plaintiff recover of said defendant the damages aforesaid in
form aforesaid as agreed upon and also his costs and changes herein Expended
and that he have therefore Execution.
Power for Dower
To the above named Henry Duhring: You are hereby no=
tified that a petition has been filed in this Court against you
by the plaintiff for dower in a lot of land in the City and
County of St. Louis and State of Missouri which the petitioner says was conveyed to
you by Barett Williams, Andrew Duhring and herself by a deed dated
described in said deed in words and figures as follows to wit: A lot of ground
lying and being situate in said City of St. Louis in Block number that containing
thirty seven and a half feet front in Main Street, and a depth of one Hundred and
forty one feet bounded eastly Main Street, South by a lot of Walker's estate, + North
by a Lot of Mr O'Neil. The petition of the plaintiff States in substance that the petitioner
was born on the
Andrew Duhring with whom she lived as his lawful wife until the time of his death
which took place on the
husband during said marriage, who survived their Father and are yet living: that
said deed from Barret Williams and her late husband and her late husband and herself to you was executed
acknowledged and delivered to you before she was twenty one years of age: and for
that reason she has ervoked said deed, and asks the Court to annul and set
the same aside so far as concerns herself, that the interest her late husband owned
in said lot was one
veyed to you by said deed, that there were valuable improvments to said lot, at
the time of said conveyance, which have since been torn down by you and destroyed
without her consent. She petitions asks judgment, first for her lawful dower in said
lot and the improvements which were on the same at the time said was executed
and delivered: second for her proper damages and costs by her sustained by reason of
the detention of her said dower; third for an annual allowance in lieu of said dower if
it should be found that said lot is not susceptible of division without great
You are therefore notified that at the before the Circuit Court
of said County at the April Term thereof to be holden at the Court House in the City of
St. Louis on the third Monday of April 1852 and then and there plead answer or
demur to said petition within six days after the return day of said term, the same will
be taken as
in the St. Louis Union Newspaper, according to law.
It appearing tot he court that said plaintiff has failed to prose
cute this suit, it is ordered that it be and it is hereby
The Court having duly heard and considered the motion that said plaintiff be ruled to file security for the costs
of this action, it doth order that said motion be
sustained, and that said security be filed within ten days, and in default
thereof that this suit be
The Court having duly heard and considered the
motion of said plaintiff that said defendant be
required to file an additional bond herein, it doth
order that said motion be sustained, and that said
bond be filed in the sum of One Hundred Dollars, during the pressent term of this
Court, and that in default thereof, this cause be
The Court having duly heard and considered
said defendants' demurrer to the petition it doth
order that the same be overruled and that
said defendants have leave to file an answer
herein within ten days.
The Court having duly heard and considered
the motion of said defendants that the amended
petition filed herein be stricken out, and that
said plaintiffs' attorney be ruled to show authority
to appear as such, it doth order that said motion be overruled.
The motino of said defendant that the judgment
in these causes rendered, be set aside, and that he
be allowed to plead herein, having been duly heard
and considered by the Court, it doth order that
said motion be sustained, and that the execution
and order herein
further order that said plaintiffs have leave to amend
their petitions, and that said defendant have ten days
time thereafter within which to file his answers to said amended petitions.
The Court having duly heard and considered said
plaintiff's motion that the deposition herein filed by
said defendants be
said motion be sustained
The Court having duly
heard and considered
the motion of said de-
fendant for a new trial
of these causes it doth order that said motion by & it is hereby overruled.
The Court met pursuant to adjournment, Present as before.
In Partition.
To George W. Aull; Alfred Aull; Eliza Aull; Isabella and
Mary Ann, daughters of Joseph Aull deceased, and their husbands
whose names are unknown; John H Harper, and Mari F. his
wife, nonresidents of the State of
vit of said plaintiffs, that you are nonresidents of the State of
said plaintiffs ordered that you be notified by the publication, according to law of this order
that they have instituted in the St Louis Circuit Court an action, the object of which is to have
the title to the lot mentioned in the petition, decreed to be in the heir of John Aull, deceased,
and that partition thereof may be made among the heirs of John Aull according to their respec-
tive interests. It is stated in the petition that John Aull, having made his will died in 1842; that
Robert Aull and Saml. C. Owens qualified & became his executors; that as such executors
from Edward Tracy towards the payment of a debt by E. & R Tracy, to the estate of their testator, a certain
parcel of land situated in the City of St Louis, in the State of
South by Paine Chouteau Jr; North by Theodore L. McGill, and the heirs of McAllister, East by an alley, and
West by Sixth Street, fronting on Sixth Street 72 feet, and running back that width to an alley 130 feet;
that the said Edward Tracy conveyed by deed dated th 1842
Aull & Samuel C. Ownes; that their object in taking the said deed to themselves, was, not to claim or hold the lots
as their own property, but for the purpose of selling the same, which could more readily be done than by taking the
deed to all the heirs of John Aull; that the said Owens, now deceased, never claimed said lot as his individual
property, but only held the same as trustee, and that his heirs have no right whatever to his said lot;
that, when the said deed was made, by the will of John Aull, the said lot belonged in equity to Robert, James
and Joseph Aull his brothers, and his sister Elizabeth Aull & Maria Pomeroy, each one sixth, and to Larimie
Day & George Aull, children of William Aull deceased, each one twelfth; and the said George Aull having
died his interest has descended to, and now belongs to his only child George W. Aull, that in 1847 the said
James Aull died, & by his will his interest in said lot belonged to the said Robert, Joseph, Elizabeth, and
Maria Pomeroy; that in 1849 the said Joseph Aull died, and his children Alfred, Isabella, Mary Ann & Eliza
have become entitled to all the interest of their father in said lot, and that
next term of said Court to be begun & held at the City of St Louis, on the Third Monday of April next, & on of before
the sixth day thereof answer said plaintiff's petition the same will be taken against them as
On motion of its attorney, the time of filed an answer herein by
said city, is extended to the first day of March next.
Plaintiffs file a motion that the judgment by default rendered against
them on the offsets pleaded in the answer, be set aside, & that leave
to reply be given them. Reply filed, and affidavit in support of
their motion.
On motion of said plaintiffs by attorney, it
is ordered that they have ten days further
time within which to file their amended petition.
The Court adjourned until tomorrow morning at Ten O'Clock
The Court met pursuant to adjournment, Present as before.
Now at this day come again said parties by their respective
attorneys, and also comes the Jury empannelled and sworn
herein, and thereupon said plaintiff says that he will not
further prosecute his suit in this behalf. Wherefore it is considered by the Court that said plaintiff take nothing by his suit in this behalf, and that said defendant go hence without day & recover of said plaintiff his costs and charges expended herein and have therefor execution.
By leave of the court, plaintiff files herein a motion that the judgment of non-suit
herein rendered be set aside, and the Court having heard the same & being thereof
fully advised, it doth order that said motion be overruled.
Salvage.
Now at this day comes John Smith and files hi petition
praying the Court to order the sale of a certain Barge by
him found in the
dition, and the Court having heard the same & being fully advised of & concerning
the premises, it doth order that the Sheriff of St Louis County proceed to sell said
Barge according to the Statute in such case made & provided.
Appeal from Probate Court
Said defendant comes by attorney & suggest to the
Court that said plaintiff has since the commencement of
this suit, departed this life.
By consent of parties & leave of the Court, plaintiff files herein
allegations and interrogatories
Plaintiff by its attorney files herein a motion for a
new trial of this cause.
Plaintiffs by their attorney file in each
of their causes an amendment to the pe-
tition.
The said
plaintiff files
herein a motion for an adr of survey in these causes.
The Court met pursuant to adjournment. Present as before.
Peter E. Bland, attorney for said petitioners files herein
his account as such, for the Sum of Twenty Dollars, and
the same is by the Court allowed.
It is ordered by the Court that this cause be continued until
real term, as on the affidavit of said defendant, setting forth
the absence of Joseph A. Eddy, a material
at the costs of said defendants.
It is indeed by the
Court that
be continued until
its real term.
Now at this
day comes
said de-
fendant by attorney + files herein his affidavit setting forth the absence of George Sher
tridge, a material
this cause be continued at his costs until the real term of this Court.
Luther M Shreeve, withdraws his appearance herein as attorney
for said plaintiff, and thereupon this cause being called for
trial, and said plaintiff although solemnly called coming
not_ it is in motion ordered by the Court, that this cause be dis-
Plaintiff files herein a motion to set aside the Judgment
of
cause.
The said defendant R. McAllister files a plea in
this cause.
The Court met pursuant to adjournment, Present as before.
Now at this day come again said parties by their respective attorneys
and thereupon also comes the Jury empannelled and sworn herein,
and the trial of their cause
Jurors aforesaid retire to Consult of their verdict.
Attachment.
Now at this day comes said plaintiff by his attorney & files herein proof satis-
factory to the Court, of the due publication of the order herein made, notifying
said defendant of the commencement of this action, but said defendant al-
though solemnly called, comes not but makes default, wherefore on motion of said plaintiff it is
ordered that his petition be taken against said defendant as
the instrument of writing on which this action is founded that said defendant is indebted to said plain-
tiff in the sum of Six Hundred & twenty seven dollars & seventy five cents. It is therefore considered by
the Court that said plaintiff recover of said defendant, the debt aforesaid in form aforesaid
as found & also his costs & charges herein expended & have therefor execution against the property
attached at the commencement of this Suit.
Whereas Joel C. Richmond attorney for the plaintiff in this cause
has filed his affidavit in this Court, alleging among other things
that one E. Curtis and James Christy did on the
day of February 1852
was confined & from the Jurisdiction of this Court during her pendency of
her suit for freedom and with full knowledge by the said James Christy
& E. Curtis of the orders of this Court. That she the said Laura should
not be removed out of the Jurisdiction of this Court during the pendency
of the said suit and with full knowledge that said Laura was prose-
cuting her suit for freedom, therefore it is ordered by the Circuit Court
that the said James Christy & E. Curtis show cause to said Court.
On Tuesday next, the
at the Court house of the City of St Louis, why an attachment should
not
premises.
Being satisfied from the within statement of Thomas
Harvey that the within named petitioner Henry
Lohre is likely to be removed beyond the jurisdic-
tion of this Court before the termination of his
suit for freedome. It is ordered by this Court that the Clerk issue a warrant under
the seal of this Court for the apprehension of the said petitioner & that he be brought without delay before this Court. It is further ordered the the Sheriff take
possession of said petitioner and hire him out to the best advantage from time
to time during the pendency of the suit. And that said Sheriff take a bond from
the hirer payable to the State of Missouri in the penal sum of Fourteen hundred
Dollars, with such security as the Sheriff approved conditioned that the peti-
tioner shall during the pendency of his suit have reasonable liberty
of attending his counsel & the Court. That he shall not be removed out
of the Jurisdiction of this Court during the pendency of his suit, and that
The Court met pursuant to adjournment. Present as before.
Paritition
Now at this day come said petitioners by their attorney, and
on their motion, the Court doth order that the Report herein
filed by the
confirmed, and the Court doth order, adjudge and decree that the partition therein as made
be held firm and effectual forever. And it appearing to the Court from said Report that
the interest of the said Robert M. Renick, John J. Murdock, Charles K. Dickson, and of Thomas
T. Gantt & Henry G. Soulard, trustees under the will of Hardage Lane deceased, amounting in the
aggregate to ten eighteenths (10⁄18) of the whole premises, is not susceptible of division without
great prejudice to the owners thereof, it is ordered that the Sheriff of St Louis county proceed
to sell the same at public auction according to law, on the following terms to wit: one
third of the purchase money to be paid in cash, and the balance thereof in two equal
payments at six & twelve months, the deferred payments to bear interest at the rate of six
per cent a year, and to be
Petition on Policy
The Court having duly heard and considered said
plaintiff's motion to strike out so much of defendant's
answer as is stated under the divisions 1st, 3rd, 4th
6th & 7th of defendant's amended answer filed th 1851
said motion be sustained.
A.P. Johnson files a motion that the action
be
The Court having duly heard and considered
said defendant's demurrer to the Petition it doth order
that the same be sustained and that said plaintiffs
have leave to amend their petition within ten days.
On motion of said plaintiff
by his attorney these causes are
continued at his costs, as on
affidavit of the absence of Williams a
Freedom.
On motion of said plaintiffs by
their attorney, it is ordered that these
causes be
On Attachment against James Christy & Edward Curtis.
The said plaintiff as well as said James Christy and Edward Curtis, now
at this day come by their respective attorneys, and the Court having fully heard
duly considered the matter it doth order that the rule herein entered
against said James Christy and Edward Curtis be discharged, & that they go hence without day.
Petition to foreclose Mortgage.
This day comes the said Benjamin B. Dayton and voluntarily en-
ters his appearance as defendant and files his answer. Thereupon come
the parties, the said plaintiff by his attorney and the said William &
Mary Radford by their guardian ad litem, & the said Benjamin B. Dayton
in proper person, & neither party requiring a Jury submit this cause with all the matters in the said
amended petition and answer set forth to the Court for judgment therein. And the Court being
fully advised in the premises doth find that the statement in the said amended petitions, are
true. And that the said mortgage was executed in the manner & for the purposes therein set
forth, and that there is now due thereon to the said plaintiff the sum of Three Thousand, One
Hundred and sixty dollars. It is therefore considered that the plaintiff recover of the said William
Radford and Mary Radford, the said sum of Three Thousand one Hundred and sixty dollars, to-
gether with his costs in this behalf expended to be levied of the mortgaged property in the said
mortgage & petition described to wit: "A tract of land situate in the County of St Louis, State
of
boundary line of survey number 1913, confirmed to Peter Chouteau under Joseph A. Hortiz,
and a corner between the land of James Jennings on the North and of Jeferson K. Clark
on the South, the said stone being the north west corner of the tract hereby described; thence along
the division line between the land of said Jennings & Clark South Sixty degrees thirty minutes
east, twenty eight chains to a stake planted in the said division line, it being the north east
corner of this tract; thence South 29¼ degrees west 51 chains, 72 links to a stake in the divis-
ion line of the lands of the said Clark on the North & George R.H. Clark recently but now
of David Goodfellow on the South, thence with the said division line North 68 degrees west,
28 chains, 24 links to a stone corner to the lands of said Clark and said Goodfellow, thence
with the western line of survey number 1913 aforesaid North 29¼ degrees west, 55 chains & 40 links to the
place of beginning, containing one hundred and fifty acres.
Partition.
The Court having fully heard and duly considered the petition of
said plaintiffs this day filed, praying that the representatives of
the said Bryan Mullanphy deceased, being the parties to this suit
Catherine Graham, wife of Richard Graham, Jane Chambers, wife of Charles Chambers, Eliza Clemens
wife of James Clemens Jr., Mary Harney wife of William S. Harney, and Octavia Boyce wife of
Henry Boyce, and also the City of St Louis, it doth order that the prayer of said petition be
granted, and it is ordered by the Court that a summons in the
of summons
John Harney, Henry Boyce, and Octavia Boyce.
The Court having duly heard and considered said defend-
ant's motion fo to set aside the judgment in this cause and
for a new trial thereof, it doth order that said motion
be sustained, and that said defendant pay the costs hereof.
The Court met pursuant to adjournment. Present as before.
On application of Peter Wegman, a
Louis Township, it is ordered by the Court, that he proceed to sell, at public
auction, for cash the wood boat called Coles Wood Boat, twenty days notice of
the time, place, and terms of said sale, having first been given by publication
in the Missouri Republican and that he make return thereof according to law.
By consent of said parties, by their
attorneys, it is ordered by the Court,
that this cause be
of said defendants and that execution
therefor.
Motion to quash attachment filed.
Allegations and interrogatories filed.
Five exhibits filed herein.
Answer filed.
Demurrer filed.
Answer filed.
Time to file answer
extended fifteen
days.
Demurrer filed.
Allegations & interrog-
atories filed.
The Court met pursuant to adjournment, Present as before.
On motion it is ordered by the Court that A. Engleman be admitted as a member
of this Bar, and that his name be enrolled as such.
Petition
It is on motion, ordered by the Court that this cause be
referred to Charles C. Whittelsey, to ascertain the present
value of the dower in the petition described & mentioned.
On motion of said defendants by attorney, it is ordered
by the Court that the time of pleading herein be extended
one week further.
The Court having duly heard and considered the de-
murrer of said defendants to the plaintiff's petition,
it doth order that said demurrer be overruled, and
that said defendant file an answer herein within twenty days.
The Court having duly heard and considered said
Peter g. Camden's demurrer to the scire facias, it doth or-
der that the said demurrer be overruled.
Petition on Account.
Now at this day come said parties by their respective
attorneys, and waiving a jury, submit this cause to
the Court, and the Court being fully advised of and
concerning the premises it doth find the
It is therefore considered by the Court that said plaintiff take nothin by his suit in
this behalf, and that said defendant go hence without day and recover of said
plaintiff his costs and charges in this behalf expended, & have therefor execution.
Petition for Freedom.
Now at this day come said parties by their respective
attorneys, and the Court having fully heard and duly
considered said defendant's demurrer to the petitioners,
it doth order that said demurrer be sustained. It is therefore considered by the Court
that said plaintiff be nonsuited, and that said defendant go hence without day and
recover of said plaintiff his costs and charges herein expended & have execution therefor.
Answer filed.