Continuation of November Term from Record No 9

Monday December 9th 1839 Court met pursuant to adjournment present as before

Now at this day come the parties aforesaid by their respective attornies and the court here being now sufficiently advised of and concerning the demurrer of said defendant whereof they have put themselves upon the judgment of the court it is considered that the same be sustained

continued

Answer of defendant and replication filed

Now at this day comes the said plaintiff by her attorney and by leave of court withdraws her motion to amend the writ and declaration and says she will not further prosecute her writ against Holtzmond one of said defendants but voluntarily suffers the same to be discontinued as to said Holtzmond and the said Henry Koch the other defendant al- -though demanded comes not but makes default nor hath he pleaded to the action of said plaintiff who thereby remains undefended against him wherefore the said plaintiff ought to recover of the said defendant Koch and it being manifest to the court that the said plaintiff has sustained damage by reason of the bread of covenant in her declaration mentioned to the amount of one hundred and sixty eight dollars and twenty five cents therefore it is considered by the court that the said plaintiff recover of the said defendant Koch her damages aforesaid in form aforesaid by the court assessed together with her costs and charges in this behalf expended and have thereof execution and the said plaintiff here in court freely remits to said defendant of the aforesaid damages the sum of forty one dollars and twenty five cents

and undertakings in his declaration mentioned to the amount of three thousand two hundred and seventeen dollars and ninety three costs therefore it is considered by the court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the court assessed together with his costs and charges in this behalf expended and have thereof execu- -tion

Now at this day come the parties aforesaid by their respective attornies and neither party requiring a jury all and singular the premises are by them submitted to the court but the court here not being sufficiently advised what judgment to render take time to consider thereof

debt $300 Dam 5.50

Petition in Debt Now at this day come the parties aforesaid by their respective attornies and neither party requiring a jury all and singular the premises are by them submitted to the court which being seen and heard and by the court here fully understood the court doth find that the said defendant is indebted to the said plaintiff in the said sum of money to wit the sum of three hundred dollars in manner and form as the said plaintiff has in his said petition stated and that said plaintiff has sustained damage by reason of the detention of said debt to the amount of five dollars and fifty cents. therefore it is considered by the court that the said plaintiff recover of the said defendant his debt aforesaid in form aforesaid by the court found to be due as also his damages aforesaid in form aforesaid by the court assessed together with his costs and charges in this behalf expended and have thereof execution and by leave of court the said plaintiff withdraws his second plea

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Petition for partition Now at this day come the parties aforesaid by their respective attornies. and the commissioners aforesaid also return here into court. and file their report stating that partition of the premises in the petition mentioned cannot be made without great prejudice to the owners of the same and thereupon the court order that the same be sold by the Sheriff under the direction of the commissioners aforesaid at public auction at the court house door in the city of St Louis on Thursday the fifth day of March next. upon the following terms to wit: one third cash: one third in six months and one third in twelve months from the day of sale. the commissioners aforesaid to execute deeds to the purchase and to take mortgages on the lands sold to secure the balance of the purchase money. and it is further ordered that the Sheriff give notice of the time. terms and place of said sale according to law

Dam $233.19

Now at this day come the parties by their respective at- -tornies and thereupon come also a jury to wit: George Mead: J.L St John: R.M. Dubis: H.C. Simmons: David Adams: G.W. Davis: J.M. Darlington Edward Smith: Levi Coalton: Wm Harris. Joseph Ellions & Pierre Latour. twelve good and lawful men who being duly elected tried and sworn. well and truly to enquire what damage the said plaintiff hath sustained. by reason of the non- -performance of the promises and undertakings in his delcaration mentioned and truly to assess the same upon their oath aforesaid say that said plaintiff hath sustained damage by reason of the premises to the amount of two hundred and thirty three dollars and nineteen cents. therefore it is considered by the court that the said plaintiff recover of the said defendant his damages aforesaid. in form aforesaid by the jury assessed. together with his costs and charges in this behalf expended and have thereof execution.

continued by consent

continued by consent

Now at this day comes A.L. Magenis attorney for plaintiff and moves the court for leave to withdraw as counsel in this cause which is accordingly granted. and no one appearing on behalf of said plaintiff. it is con- -sidered by the court. that said plaintiff take nothing by her said writ but that said defendant go there of without day and recover of said plaintiff his costs and charges in this behalf expended. and have thereof execution.

Now at this day comes A L Magenis attorney for plaintiff and moves the court for leave to withdraw as counsel in this cause which is accordingly granted and no one appearing on behalf of said plaintiff it is consider- -ed by the court that said plaintiff take nothing by her said writ but that said de- -fendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended. and have thereof execution.

Now at this day comes the said plaintiff by his attorney and says he will not further prosecute his writ in this behalf but voluntarily suffers the same to be discontinued at this costs.

open court and surrendered himself in open court in exoneration of his Bail herein and by his counsel produced to said court two certified copies of the recognizance on one of which the judge of said court having endured thereon an order that the Sheriff take into custody said defendant and detain him until he said defendant be duly discharged upon which order the Sheriff made the following return to wit "Executed the above order by taking into cus- -tody the body of George Pegran on the 9th day of January 1840 which was discharged from custody by St Louis circuit court by virtue of the insolvent laws which return was duly acknowledged and thereupon it is ordered by said court that the said plaintiff in this cause show cause if any they can before said court why the Bail of said defendant. should not be exonerated and dis- -charged from his liability therein.

continued by consent

continued at costs of plaintiff

continued by consent

Bill of exceptions filed

Now at this day come the parties aforesaid by their respective at- -tornies and thereupon the said plaintiff consents that a non- -suit be entered in this cause: it is therefore considered by the court that the said plaintiff take nothing by his said writ. but that said defendant go thereof without day and recover of said plaintiff his costs and charges by him about his defence in this behalf expended and have thereof execution

Now at this day come the parties aforesaid by their respective attornies and thereupon come also a jury to wit: William Simpson: Isaac S Smith: Martin Newberger. John G Webb: Bernard Fon- -ney, George Henderson: Jason Holbrook: Jonas A Newman: Abel G Farroell: John D Coor- -hees: J W Ezekiel & John M Burrows. twelve good and lawful men who being duly elected tried and sworn well and truly to enquire what damage the said plaintiffs have sustained by reason of the non performance of the promises and undertakings in their declaration mentioned and truly to assess the same upon their oath aforesaid say that the said plaintiff have sustained damage by reason of the premises to the amount of four hundred and eighty seven dollars it is therefore considered by the court that the said plaintiff recover of the said defendant their damages aforesaid in form aforesaid by the jury assessed together with their costs and charges in this behalf expended and have thereof execution

Dam $487

Now at this day come the parties aforesaid by their respec- -tive attornies and thereupon come also a jury to writ. Um Simpson: Isaac S. Smith: Martin Newberyer. John G Webb: Bernard Finney: George Henderson: Jason Holbrook: Jonas A Newman: Abel G Fiar- -well: John D Vorhees: J W Ezekiel & John M Burrows twelve good and lawful men who being duly elected tried and sworn well and truly to enquire what damage the said plaintiffs have sustained by reason of the non performance of the promises and

hundred and forty eight dollars and thirty cents. it is therefore considered by the court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the court assessed together with his costs and charges in this behalf expended and have thereof execution.

Amended court to declaration filed

On motion of defendants attorney it is ordered that a dedimus issue to the State of Mississippi to take depositions on the part of the defendant

On motion of plaintiffs attorney it is ordered that a dedimus issue to the State of Illinois to take depositions on the part of the plaintiffs

By consent of parties this suit is dismissed at the costs of the defendant

Now at this day come again the parties aforesaid by their respective attornies and the court here be -ing now sufficiently advised of and concerning said motion of said defendant to set aside the judgment rendered in this case. it is considered that the same be over- -ruled.

On motion of the attorney for the appellant it is ordered that the entry of dismissal heretofore made in this cause be set aside and the cause reinstated on the docket

Affidavit to set aside judgment by default filed

Replication filed

Demurrer to 3rd plea filed

Demurrer to 2nd plea filed

continued at costs of plaintiff

By consent of parties it is ordered by the court that the Sheriff take possession of said petitioner and hire her out to the best advantage during the pendency of this suit and that he take Bond and security of the herein accor- -ding to the Statute in such cases made and provided in the sum of five hundred dollars

plaintiff hath in his said declaration alledged, and the court doth further find that said plaintiff hath sustained damage by reason of the non-performance of the promises and undertakings in his declaration mentioned. to the amount of nine hundred and fifty one dollars and fourteen cents. it is therefore considered by the court that said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the court assessed. together with his costs and char- -ges in this behalf expended and have thereof execution

continued at costs of plff

Dam $397.81

Assumpsit Now at this come the parties aforesaid by their respective attornies and neither party requiring a jury. all and singular the premises are by them submitted to the court which being seen and heard and by the court here fully understood. the court doth find as to the issue within joined between the parties aforesaid. that the said defendant did promise in manner and form as the said plaintiff hath in his said declaration alledged and the court doth further find that said plaintiff hath sustained damage by reason of the nonperformance of the promises and undertakings in his declaration mentioned to the amount of three hundred and ninety seven dollars and eighty one cents. it is therefore con -sidered by the court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the court assessed together with his costs and charges in this behalf expen -ded and have thereof execution

Dam $394.06

Assumpsit Now at this day come the parties aforesaid by their respective attornies and neither party requiring a jury. all and singular the premises are by them submitted to the court which being seen and heard and by the court here fully understood. the court doth find as to the issue within joined between the parties aforesaid. that the said defendant did un -dertake and promise in manner and form as the said plaintiff hath in his said declara -tion reason of the non-performance of the promises and undertakings in his declaration mentioned to the amount of three hundred and ninety four dollars and six cents. it is therefore considered by the court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the court assessed. together with his costs and charges in this behalf expended and have thereof execution.

Demurrer filed

Demurrer filed

continued by consent

continued at costs of plaintiff

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continued by consent

continued by consent

in form aforesaid by the court assessed. together with their costs and charges in this behalf expended and have thereof execution

Now at this day come the parties aforesaid by their respective attornies. and thereupon come also a jury to wit: Benjamin Floss: D.B. Waterman: William Carter: W. E Leveret: Heiam Foss J.C Abbott: Jacob Hawkins: Isaac B Thomas: James M Osburn: Amos Shulty: William Robb & J. M Colvin. twelve good and lawful men. who being duly elected. tried and sworn. the issue within joined between the parties aforesaid well and truly to try upon their oath aforesaid say. that said defendant did not undertake and promise in manner and form as the said plaintiff hath in his said declara- tion alledged. it is therefore considered by the court that the said plaintiff take nothing by his said suit but that said defendant go thereof without day and recover of said plaintiff his costs and charges in this behalf expended and have thereof execution

Now at this day comes the said defendant in obedience to the rule made upon him requiring him to perfect his appeal Bond and files security therein. which is approved by the court. and accepted according -ly

By consent of parties this suit is dismissed at the costs of the defendant

Dam $246.29

Assumpsit Now at this day come the parties aforesaid by their respective attornies and thereupon come also a jury to wit: Benjamin F Goss: D. B Waterman: William Carter: W. W Leverett: Hiram Foss: J.C Abbott: Jacob Hawkins Isaac B Thomas: James M Cosburn: Amos Shulty: William Robb & J.M. Colvin twelve good and lawful men who being duly elected tried and sworn. the issue within joined. between the parties aforesaid well and truly to try. upon their oath aforesaid say that said defendant did undertake and promise in manner and form as the said plaintiffs have in their declaration alledged. and they do further find. that said plaintiffs have sustained damage by reason of the non-perform -ance of the promises and undertakings in their declaration mentioned to the amount of two hundred and forty six dollars and twenty nine cents. it is therefore consider -ed by the court that the said plaintiffs recover of the said defendant their dam- -ages aforesaid in form aforesaid by the jury assessed. together with their costs and charges in this behalf expended and have thereof execution.

Debt $27.76

Appeal Now at this day come the parties aforesaid by their respective attornies and consent that the dismissal of this cause heretofore entered be set aside and thereupon neither party requiring a jury. all and singular the premises are by them submitted to the court. which being seen and heard and by the court here fully understood. the court doth find. that said defendant is indebted to the said plaintiffs. in the sum of twenty seven dollars and seventy six cents, it is therefore considered by the court. that the said plain -tiffs recover of the said defendant and of T. Langton his security in the appeal Bond this debt aforesaid in form aforesaid by the court found to be due. together with their costs and charges in this behalf expended. and have thereof execution.

Satisfaction entered page 325

Nathaniel P Taylor and Matilda N his wife. who are both personally known to the court come into court here and acknowledge the excecution by them of a dead in favor of Patrick Ryan for a certain parcel of land situate lying and being in N. P Taylor's addition to St Louis according to a plot now on file in the Recorders office for the county of St Louis being lot number two in Block number one of said addition ting thirty feet on Franklin Avenue and running southward by seventy one feet in consideration of six hundred dollars. She the said Matilda N Taylor being by the court first made ac -quainted with the contents of said instrument of writing acknowledged in an examination separate and apart from her husband that she executes the same and relinquishes her dower in the property therein conveyed freely voluntarily and without any fear or compulsion or undue influence of her said husband

James Halagam a Native of Ireland who applies to be admitted a citizen of the United States 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 Missouri at least one year immediately preceding this application during which time he has conduc- -ted 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 hap- -pines of the same and the court moreover being satisfied that said applicant has taken the preparatory steps required by the laws of the United States con- -cerning the naturalization of foreigners and he declaring herein 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 Victoria Queen of Great Britain and Ireland of whom he is at present a subject therefore the said James Halagan is admitted a citizen of the United States of America

Continued by consent

On motion of the plaintiff by her attorney it is ordered that the rule made herein at the July Term of this court for the year eighteen hundred and thirty six be renewed and that James mitchell therein mentioned show cause at the next term of this court to be held on the third Monday of July next why an attachment should not issue against him for a contempt by him com- -mitted in remaining the said plaintiff out of the jurisdiction of this court

In partition Now at this day come the petitioners aforesaid by their attorney and the said defendant although demand -ed comes not but makes default nor hath he in any manner answered or denied the petition aforesaid it is therefore considered by the court that partition be made of the prem -ises in said petition mentioned according to the prayer thereof to wit: A First_ A tract of land in St Louis county being the south west half of the South East quarter section of land in section eleven Township forty five north Range five East of the fifth principal meridian containing eighty acres B Second_ A tract of land in said County being the South east fractured quarter of section twenty eight Township

Tuesday May 5th 1840 Court met pursuant to adjournment present as before

Appeal Now at this day come again the parties aforesaid by their respective attornies and the jurors aforesaid also return here into court and being now agreed upon a verdict upon their oath aforesaid say that said defend -ant is indebted to the said plaintiff in the sum of eighty eight dollars. it is therefore considered by the court that the said plaintiff recover of the said defendant his debt aforesaid in form aforesaid by the jury found to be due together with his costs and charges in this behalf expended and have thereof execution.

Debt $88

Pleas filed

Amended counts to declaration filed

Amended declaration & demurrer to same filed

George Brooks a native of Ireland who applies to be admitted a citizenof the Uni- -ted States 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 Missouri at least one year immediately preceding this application during which time he has con -ducted 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 hap- -pines of the same and the court moreover being satisfied that said applicant came into this country under the age of eighteen years and he declaring here in upon 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 al- -legience and fidelity to every foreign Power, Prince, State and Sovereignty whatsover and particularly to Victoria Queen of Great Britain & Ireland of whom he is at pres -ent a subject therefore the said George Brooks is admitted a citizen of the United States of America

Now at this day come the said plaintiff by their attorney and say they will not further prosecute their suit in this be- -half but voluntarily suffer the same to be discontinued at their costs and on motion leave is given them to withdraw from the files of this court. certain letters belonging to said plaintiffs

continued by consent

continued by consent

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Continued by consent

Now at this day come the parties aforesaid by their respective at- -tornies, and thereupon the said motion of said plaintiff to set aside the judgment of non suit entered in this cause is by them submitted to the court which being seen and heard and by the court here fully understood it is considered that the said judgment be set aside in said plaintiffs paying the costs already accrued in this suit.

Petition for freedom Now at this day comes the said plaintiff and files his petition and there upon it is ordered by the court that said plaintiff be allowed to sue as a poor person to establish his right to freedom and that Trusten Polk and C. C Car -roll be assigned him as counsel. Also that said Charles have reasonable liberty to attend his counsel and this court as reason may require and that he be not removed out of the jurisdiction of this court and that he be not subject to any severity on account of his application for freedom.

Attachment Now at this day come the said plaintiffs by their attorney. and move the court for an order of sale of the property attached in this cause and the court being satisfied that said property is liable to deterioration in value before the determination of this suit is therefore ordered that the Sheriff sell the property attached as aforesaid according to the form of the statute in such cases made and provided.

On motion of plaintiffs attorney leave is given to with- -draw from the files of this court, the Bill on which this action is formed by his giving a reciept for the same

On motion of plaintiffs attorney leave is given them to withdraw from the files of this court the note in which the action is founded for the purpose of getting proof of indorsement by their giving a receipt for the same

Petition for Partition Now at this day come the said petitioners by their attorney and move the court for leave to amend the petition in this cause by altering the name of John Bellisime to Jean Bellisime and LouisaBellisime to Marie Bellisime and that the order of publication heretofore made in this cause be renewed which is accordingly granted.

Petition for Partition It having been ordered by the court that the order of publication heretofore made in this case be renewed it is therefore considered that said defendants be notified that said plain -tiffs have filed their petition for partition, praying among other things that parti -tion be made according to the respective shares of the said plaintiffs that is to say one undivided third part in right of said Larkin Deaver and Fanny his wife and a certain other undivided that part thereof in right of said