Howell County Circuit Court Records Box 1 File 14

State of Missouri

County of Howell

In the Circuit Court March Term A.D. 1866

Benjamin Alsup, Plaintiff

-vs-

William Chastain

Josephus M. Howell, Defdts

Plaintiff states that on or about the 19^th day December A.D. 1862 at the County of Howell aforesaid Defendants, with out cause & wrongfully -- took the following property of the plaintiff, and has not returned the same. That is to say, one bay mare of the value of one hundred & fifty dollars, one bay gelding of the value of one hundred dollars, one sorrel having the value of seventy five dollars, sixteen head of mules between two or three years old or the value of sixteen hundred dollars, one milk cow of the value of thirty dollars & six wagon loads corn of the value of sixty dollars. Value the property taken as a whole two thousand and fifteen dollars. By now of which the said plaintiff says he is damaged in the sum of four thousand dollars for which he asks judgment.

Wadell atty

Benjamin Alsup makes oath & says the facts stated in the foregoing petition he believes to be true. Plaintiff further states that he has a just demand against the defendant now due, which arose out of the defendants wrongfully & feloniously taking a large amount of personal property. That the amount which affiant the plaintiff believes he ought to recover after allowing all just costs is four thousand dollars.

Afficant the plaintiff further states that he has good reason to believe & does believe that the defendants have absconded and absented themselves from their normal place of above in the State of Missouri so that the ordinary process of law cannot be served on them.

Benjamin Alsup

Sworn to and subscribed before me W.Z. Buck Clerk

1865

Benjamin Alsup, Plaintiff

Against

William Chastain

Joseph M. Howell, Defendants

Now at this day come the plaintiff in the above entitled cause before the Clerk in vacation and files this petition and affidavit stating amongst other things that the above named Defendants have absconded & absented themselves from their usual places of abode in the State, State of Missouri so that the ordinary process of law cannot be served on them & therefore ordered by the Clerk in vacation that publication be made notifying said defendants William Chastain & Joseph M. Howell that an action has been commenced against them by petition and attachment in the Circuit Court of Howell County in the State of Missouri founded on the wrongful taking by the defendants from the plaintiff three head of Horses, sixteen mules and --- a large quantity of corn and that unless they be and appear at the next term of said Court to beholden at the Courthouse in West Plains in the County and State aforesaid on the third Monday in April A.D. 1866 and on or before the third day thereof if this term shall so long continue and if not then before the end of the term and plead answer or demur to plaintiff’s petition the same will be taken as confessed.

It is further ordered that a copy hereof be published in the Missouri Weekly Patriot a newspaper published in this state for four weeks successively the last instructions thereof to be at least four weeks before the commencement of the next Term of said Court this 30^th day of January A.D. 1866

W.F. Buck Clerk