Circuit Court Record Book 21: 1851 to 1852
Item
St. Louis Circuit Court, “Circuit Court Record Book 21: 1851 to 1852”, 1851-1852, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/65810
- Title
- Circuit Court Record Book 21: 1851 to 1852
- Creator
- St. Louis Circuit Court
- Date
- 1851-1852
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- Identifier
- rcd1851.0021.599
- PDF Download
- Download PDF of all images
- Transcription
-
# Record 21 1851 to 1852
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**April Term 1851**
**Saturday 26th April 1851.**
Court met pursuant to adjournment. Present as before
**Jimimah Head vs Louis G. Picot.**
On motion of said defendant leave is given him to file an answer herein on or before Tuesday next.
**Greene Erskine vs John G. Webb &c.**
On motion of said defendants by Attorney three weeks further time is given them to file an answer herein.
**Joseph Edgar vs S.C. Salisbury**
Demurrer filed.
**John Dougherty vs James McCamant**
Answer filed.
**George Keys &c vs N.B. Atherton**
Defendant files a motion that the judgment herein rendered be set aside, & leave is given him to file an affidavit in support thereof.
**Peter R. Kenrick vs Aglai Joyall.**
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.
**Alfred Upham vs Ezra Easterley garnishee of David Ketchum**
By leave of the Court allegations and interrog- atories are filed herein.
**Moses Wanzer &c vs J.M. Franciscus &c garnishees of Geroge DeBaum Jr.**
On motion of said plaintiffs by their Attorney ten days further are given them to file herein allegations & interrogatories
**Catlett G. Richardson vs John Delafield**
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.
**Mary (of Color) vs Launcelot H Calvert.**
> Related to Case ID ccr1850.06891.066
On motion of said defendant the time of filing an answer here- in is extended one month.
**Carl Zimmermann vs Benjamin Bercier &c**
On motion of said defendants Charles Chouteau & Pierre Chouteau by their Attorney leave is given them to file an answer herein on or before the 26th May next.
**John Ficher vs Benjamin Bercier &c**
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.
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**April Term 1851. Monday May 12th 1851.**
> Related to Case ID ccr1850.26824.072
**David McToy vs William Brown.**
> Related to Case ID ccr1850.26824.072
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 suppress the deposition herein filed be sustained.
**Johann E. Henn vs The Missouri State Mutual Fire & Marine Insurance Company.**
Petition Now at this day comes said plaintiff by his Attorney, and on his motion it is ordered that this cause be dis- missed at this costs, and that execution issue therefor.
**David McToy vs William Brown**
> Related to Case ID ccr1850.26824.072
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.
**Rapin E. Smith vs George W. Westbrook, Lucas P. Britt & Leonard Westbrook**
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 issue joined between the said parties, the trial of this cause progressed and the same being finished the Jury retire to consult of their verdict.
The Court adjourned to meet tomorrow morning at Nine O'Clock.
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**November Term 1851. Tuesday 9th December 1851.**
**Patrick Gorman vs Stephen Finn & Thomas B Hudson.**
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 business of the late 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 in- debtedness, or books, papers, and documents of said firm until the further or- der of this Court, and that the said bills, notes, accounts, books, and evidences of indebtedness be held subject to the further order of this Court.
**John H Swift, Henry A. Hurlburt, Sherman H. Sterling & John Phillips vs Adolphus Bradford, and John R Bradford**
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 confessed, and on their further motion it is ordered that an alias writ of summons, returnable to the next term of this Court, issue herein against the said defendant John R Bradford.
**Edward, by his next friend Morey T. Andrews vs Barnard M. Lynch.**
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 confessed, and thereupon, no jury being required, the Court 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 issue therefor.
**Samuel, and infant by his next friend Morcy T. Andrews vs Barnard M. Lynch.**
> Related to Case ID ccr1851.06892.018
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 confessed, and thereupon, no jury being required, the Court doth 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 issue therefor.
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**November Term 1851 Tuesday 6th January 1852.**
**Tillman Rutherford vs George Robins**
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 nonsiuted and that said defendant go hence without day & recover of said plaintiff his costs & charges expended herein, & have therefor execution.
**$100.00 Dams. Algernon S. Sweringen & Augustus Coriell vs Steam Boat Lynx**
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.
**A.F.W. Webb vs Steamboat Missouri**
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
**Samuel Jackson vs Margaret Ashonne**
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.
**Louis Chouteau vs Gabriel S. Chouteau**
**Michel Paul vs Gabriel Paul's adr**
> Related to Case ID ccr1845.27215.010
It is ordered that these causes be continued until the next term of this Court.
**John C. Buckler vs William Alter**
**John F. Darby, adr vs Willis L. Williams**
**Edmund D. Taylor vs Horatio N Davis et al**
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.
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**November Term 1851 Wednesday 7th January 1852**
**William BalbonvsBenjamin Woods**
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.
**Mary A. DuhringvsHenry Duhring**
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 May 10th 1839
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 15th day of April 1819. On the 16th day of June 1836 she was married to said
Andrew Duhring with whom she lived as his lawful wife until the time of his death
which took place on the 9th day of October 1849: that She had four children by her said
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[ ?] half thereof in fee simple which interest was con-
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 [ ?]thereto;
You are therefore notified that unless you be and appear 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 confessed against you. It is ordered that a copy of this order be published
in the St. Louis Union Newspaper, according to law.
**Jane McCrayvWilliam R Hopkins**
> Related to Case ID ccr1845.06818.011
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
dismissed.
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**November Term 1851. Saturday 17th January 1852.**
**Jacob Emanuel vs John Miller alias. Meader**
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 dismissed
**A.F. W. Webb vs Steam Boat Missouri**
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 dismissed.
**Greene Erakine vs John G Webb et al**
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.
**Joshua Gore et al vs Benjamin F. Hickman**
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.
**Edward, an infant by & vs Barnard M Lynch.**
**Samuel an infant by & vs Same**
> Related to Case ID ccr1851.06892.018
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 issued be recalled. The Court doth 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.
**Joseph Waldstein vs John C. Bredell et al**
The Court having duly heard and considered said plaintiff's motion that the deposition herein filed by said defendants be suppressed it doth order that said motion be sustained
**N. & D. J. Childs vs J.E. Woodruff adr &**
**Jordan & Childs use & vs Same**
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.
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**November Term 1851.**
**Friday 30th January 1852.**
The Court met pursuant to adjournment, Present as before.
**Robert Aull and others vs George W. Aull et al.**
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 Missouri: It appearing to the Court from the affida- vit of said plaintiffs, that you are nonresidents of the State of Missouri, it is on motion 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 the received 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 Missouri, being in Block No 113; bounded 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 August 17th 1842, the said lot of ground to Robert 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 unless they be and appear at the 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 confessed.
**A.H. Menkins vs The City of St Louis et al**
On motion of its attorney, the time of filed an answer herein by said city, is extended to the first day of March next.
**Peter Ludwig et al vs Paul Ludwig**
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.
**Edward an infant &c vs B.M. Lynch**
**Samuel & vs Same**
> Related to Case ID ccr1851.06892.018
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
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**November Term 1851**
**Friday February 6th 1852**
The Court met pursuant to adjournment, Present as before.
**Luther C. Clark vs John Maguire**
Trespass. 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.
**In the matter of the Petition of John Smith**
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 Mississippi River in a perishable con- 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.
**Margaret Moehrlein. vs John G. Moehrleins adr**
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.
**John H Baldwin's E[ ?] vs C.B. Lud gar of McNamee**
By consent of parties & leave of the Court, plaintiff files herein allegations and interrogatories
**City of St Louis vs Barton Bates, trustee et al**
Plaintiff by its attorney files herein a motion for a new trial of this cause.
**Edward by &c vs B.M. Lynch**
**Samuel by &c vs B.M. Lynch**
> Related to Case ID ccr1851.06892.018
Plaintiffs by their attorney file in each of their causes an amendment to the pe- tition.
**F.P. Blair Jr vs Dennis Macks et al**
**F.B. Blair Sr vs W.H. Belcher**
**Same vs Charles Scheutle**
**Same vs P. Lindell**
The said plaintiff files herein a motion for an adr of survey in these causes.
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**Wednesday 11th February 1852.**
The Court met pursuant to adjournment. Present as before.
**Joseph Patterson et al
In
Partition.**
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.
**Alex and F. W. Webb et al
v
William F. Reynolds**
It is ordered by the Court that this cause be continued until its
real term, as on the affidavit of said defendant, setting forth
the absence of Joseph A. Eddy, a material witness, in his pact,
at the costs of said defendants.
**George W. Lynch
v
William Shoemaker**
**Same
v
Z. Roderick**
**G. H. Loker et al
v
Robert Rantoul et al**
It is indeed by the
Court that there causes
be continued until
its real term.
**Hatfield Halsted
v
Exra Easterly**
**E. S. Chase
v
The Same.**
**H. Halsted et al
v
The Same**
**Same
v
Same**
Now at this day comes
said de-
fendant by attorney + files herein his affidavit setting forth the absence of George Sher
tridge, a material witness on his part, and on his motion, it is ordered by the Court that
this cause be continued at his costs until the real term of this Court.
**Peggy Perryman (of Color)
v
Joseph Phillibert.**
> Related to Case ID ccr1848.06817.036
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-
missed for want of prosecution.
**Luna Wardell, admx
v
Edwin Tanner**
Plaintiff files herein a motion to set aside the Judgment
of [ ?] herein rendered, and for a new trial of this cause.
**James Gorden
v
Samuel Campbell et al**
The said defendant R. McAllister files a plea in
this cause.
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**November Term 1851.**
**Thursday 26th February 1852.**
The Court met pursuant to adjournment, Present as before.
**Louis D. Gamache et al vs D.H. Piquenst et al.**
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 progressed, and being finished the Jurors aforesaid retire to Consult of their verdict.
**$627.75 debt Charles G. Jones vs William P. Cowles**
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 confessed, and the Court doth find from 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.
**Laura (of color) vs Henry B. Belt.**
> Related to Case ID ccr1852.06895.030
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 sixteenth day of February 1852, decoy said plaintiff Laura from the place where she 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 second day of March 1852, at 10'o'clock, A.M. at the Court house of the City of St Louis, why an attachment should not issue against them for a contempt of the orders of said Court in the premises.
**In the matter of Henry Lohre suing for freedom**
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
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**November Term 1851. Monday 8th March 1852**
**Monday 8th March 1852.**
The Court met pursuant to adjournment. Present as before.
**Hardage Lane and others In Partition.**
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 Commissioners appointed to make partition be 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 [ ?] by notes, and deeds of trust on the property sold.
**Samuel M. Houman v The Home Mutual Ins Co.**
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 June 11th 1851, it doth order that said motion be sustained.
**John Clark Jr v A.P. Johnson et al**
A.P. Johnson files a motion that the action be dismissed as to him.
**Arthur Kempland et al v Levy Kingsland et al**
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.
**Henry Stagg v Joseph F. Franklin et al**
**The same v J.N. Fitch et al**
On motion of said plaintiff by his attorney these causes are continued at his costs, as on affidavit of the absence of Williams a witness on his part.
**Harry Duty, of Color v John F. Darby, administrator of Milton Duty deceased**
**Ellen Duty v Same.**
**Nelly Duty v Same.**
**Preston Duty v Same.**
**Lucine Duty v Same.**
**Caroline Duty v The Same.**
**Mary Duty v Same.**
> Related to Case ID ccr1849.06883.012
Freedom. On motion of said plaintiffs by their attorney, it is ordered that these causes be dismissed.
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> Handwritten Page Number on Record Book: 459
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**November Term 1851. Saturday 20th March 1852**
**Laura of color vs Henry B. Belt.**
> Related to Case ID ccr1852.06895.030
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.
**$3160.00 Jefferson K. Clark vs William Radford and Mary Radford**
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 Missouri in Township Forty Six North, range six east, Commencing at a stone in the western 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.
**James Clemens Jr & wife vs Bryan Mullanphy et al.**
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 a scire facias issue against the said City of St Louis, to make it a party to this suit, and that a pluries writ of summons issue against William S. Harney, Mary Harney, Ann B Harney, Eliza Harney, John Harney, Henry Boyce, and Octavia Boyce.
**F.A. Dick adr of J.V. Prather vs J.W. Hall.**
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.
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**April Term 1852**
**Wednesday 21st April 1852.**
The Court met pursuant to adjournment. Present as before.
**In the matter of Coles Wood Boat**
On application of Peter Wegman, a Cinstable within and for Saint 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.
**Richard B. Lee vs John S. McCane Charles Deane, William S. Randolph James Whitney, Jr. Daniel Hazard, John B. Carson and Ralph P. Voorhies**
By consent of said parties, by their attorneys, it is ordered by the Court, that this cause be dismissed at the costs of said defendants and that execution issue therefor.
**gotfried Pflumm vs Rudolph Scherrer**
Motion to quash attachment filed.
**Thomas Kirkman et al vs Lloyd Addison**
Allegations and interrogatories filed.
**William H. Gitt vs Thornton Grimsley**
Five exhibits filed herein.
**John R. Lawrence vs Mason Converse**
Answer filed.
**F. Kennet vs A. Sochner et al**
Demurrer filed.
**Nicholas Devillers et al vs John Malter**
Answer filed.
**Saml Hamill et al vs Joseph L. Benson et al**
Time to file answer extended fifteen days.
**Gabriel (of color) vs Michael Wiles**
> Related to Case ID ccr1852.06894.010
Demurrer filed.
**Ezekial Ross et al vs Ebenezer Wilson**
Allegations & interrog- atories filed.
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**April Term 1852**
**Tuesday 4th May 1852.**
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.
**Robert S. Holmes vs F.A. Dick, adm &c**
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.
**John O'Fallon, Exer &c vs Solemon A. Watts & al.**
On motion of said defendants by attorney, it is ordered by the Court that the time of pleading herein be extended one week further.
**Thomas Allen vs Patrick Ryan & al**
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.
**Peter Brooks vs Jacob Henn et al**
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.
**John A. Thompson vs William C. Robinson**
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 issue herein joined in favor of said defendant. 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.
**Gabriel (of color) vs Michael Wiles**
> Related to Case ID ccr1852.06894.010
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.
**J.B. Gridley vs E.V. Gridley**
Answer filed.
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- 601 pgs
St. Louis Circuit Court, “Circuit Court Record Book 21: 1851 to 1852”, 1851-1852, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/65810