USA > Missouri > Johnson County > The history of Johnson County, Missouri : including a reliable history of the townships, cities, and towns, together with a map of the county; a condensed history of Missouri; the state constitution; an abstract of the most important laws etc > Part 20
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112
And so is history a mighty conjurer. It evokes from the mysterious past the heroes of the earth, and by its omnipotent wand passes before us in panoramic pageantry, the long forgotten dead. It opens the sealed and dim-shrouded casket of time and calls up the skeleton forms of years long flown. It people's oblivion with living events. Into the cell of the mind it crowds the " spiritual shapes" that are dispelled by a thought or hover eternal and lead man like the messengers of destiny. It magnifies, then dwarfs, now transforms. It is the silent recorder of the spirit-change.
Traced by impotent fingers, the passing events of Missouri lie spread out before us.
First, a mighty warrior, a daring explorer, sinks to rest, uncoffined, in the waters of the Mississippi, deep in the heart of the vast valley. A cen- tury speeds by. The hymn of Marquette floats on the silent air that wakes the leaves of forests primeval. The years rush on. The cry of a new- born child startles the stillness, and the civilization of the Orient lives in the "dark continent " of the Occident. Anon, an eastern cereal blooms in the hidden west. And now,
" Through forest arches-ancient woods- Breasting the hurrying rivers' floods, Long time agone, a venturous crew Paddled their dancing birch canoe; From forest aisle-from hill and dell, Their welcome was the savage yell."
Countless dangers sweep unchecked. Borne down by fevers, death and slaughter, through all the desperate struggle, the number of the living swells. The wild beast flees to covert shades and the Indian steps once toward the setting sun.
" Lo, now! where rolls that rushing flood, And where the dim and shallow wood Once twined its summer swaying arms, 'Mid spring time bloom and winter storms, A city rears its stately head."
The seasons change, and now the streams are filled with busy boats, bear- ing the pioneer through all the running streams that flow together in this central spot. Soon, two daring spirits seek out the source of the Missouri.
.
156
HISTORICAL SKETCH OF MISSOURI.
" Over the sequestered settlement first floats the ' lilies of France,' then the arms of Spain, then the stars and stripes of a new republic. Now the earth quakes as if a visitation from God-and now the shrill whistle of the steamboat (herald of the swifter spread of light and life) penetrates the wilderness. Gradually the bottom lands of Missouri and Mississippi bloom and blossom under the hand of the husbandman. Government and order rear themselves from chaos. A state is formed. The steamboat is succeeded by the railway. Destructive Indian war and desolating plague follow. Dark fanaticism rears its hydra head, and is stricken down. Winter and summer alike witness war -the Indian is driven over the border, the swamps of Florida invaded, Mexico subdued. And now- hill and valley and prairie hear the choral chant of peace and good will, the song of the busy maiden, shout of harvester, and sweet hum of machinery. A cloud darkens the national sky! The black shadows fall athwart the peaceful valley of the Mississippi. On a sudden the swift lightning of civil war cleaves asunder the mighty fabric of the republic. The track of the destroying element lies through Missouri. A deep, dark scar marks its pathway. At once commerce is paralyzed, civilization is shocked. Swords flash, cannon boom, bullets whistle, "rider and steed " are "in one red burial blent." Murder, arson, hunger, suffering, theft, plunder, madness, a hideous death dance follows. Night curtains many a deed of horror. Open combat dies. Midnight surprise startles ever and anon the unwary slumberers, opening the gates of death. Districts are depopulated. Gradually the storm recedes, uttering only these mut- ; tering blasts of thunder. At last a song, low, thrilling and strange, breaks across thousands of storm-swept souls. A glad cry of exultation pierces the blue of heaven. The terrible carnage is over ! Peace nestles in the bosom of the old republic. Then the nation mourns its dead, and all is still. Ten summers pass. A wondrous change has come. Swarms of people hurry to and fro in densely populated cities, thousands of acres of land wave with ripening grain. The hum of machinery is louder than before, the wheels turn swifter, and countless hands direct the crude material. Railroads are woven like spider nets. Invention displays its curious pro- ducts; art and architecture everywhere gladden the eye; education tem- pers the soul; peace reigns in a land of plenty; love and liberty surround the law; the state is supreme; Missouri -masterful.
"Thus the events of the past, like spirits, flock about us. Under the rule of change they cast no shadows of the future. Civilizations come and go as nations of men rise and sink. Change is eternal, and to-day transforms yesterday. But through all the sweeps of years and cen- turies and ages runs a law, mysterious, omnipresent, divine-the law of progress. And borne upon the bosom of that law to the nation, the state, the individual, the future is never dark, but filled with radiant light."
157
ABSTRACT OF MISSOURI STATE LAWS.
CHAPTER XXIV.
Abstract of Missouri State Laws-Administration-Letters of Administration-Dowers-
Arbitrations-Attachments-Bills and Notes -- Contracts -- Courts-Conveyances-Des- cent and Distributions-Fences and Inclosures-Juries -- Liens -- Limitations of Actions -Roads and Bridges-Strays-Canada Thistles --- Weights and Measures ---- Wills.
ADMINISTRATION.
Letters testamentary or of administration are granted by the probate court, or judge or clerk in vacation, subject to the confirmation of the court when in session. The probate court may, in its discretion, refuse, by order of record, to grant letters of administration on estates, not greater in amount than is allowed by law as the absolute property of the widow, or the minor children under sixteen years of age, unless on the application of other parties interested, the existence of other or further property be shown. After the making of the order, and until it is revoked, the widow, or minor children, by their guardian, are authorized to collect, sue for and retain all the property belonging to the estate.
Letters of administration must be granted in the county in which the mansion, house or place of abode of the deceased is situated. If he had no mansion or place of abode, then in the county in which the greater part of his land lies. If he had no mansion nor land, then in the county in which he died, or the greater part of his estate may be.
If he died out of the state, leaving no mansion, house or place of abode, or lands in the state, letters may be granted in any county.
If letters should be through mistake granted in the wrong county, the appointment of the administrator is not void, so as to invalidate his acts, but on application to the probate court by whom he was appointed, his letters may be revoked and an administrator appointed by the probate court of the proper county. Judges, clerks and deputy clerks of probate courts, minors, persons of unsound mind and married women are prohib- ited from being executors or administrators.
Letters must be granted; first to the husband or wife, and, secondly to one or more of those who are entitled to distribution of the estate. If no such persons apply within thirty days, the court or judge, or clerk, in vacation, may, after giving them five days notice, appoint any other per- son deemed most suitable. Letters may at any time be granted to any person deemed suitable, if the persons entitled to preference file their renunciation in writing. Letters shall in no case be granted to a non-resi- dent, and when an administrator or executor becomes non-resident, his let- · ters will be revoked.
Administrators and executors are required to give bond, with two or more sureties, resident of the county, in at least double the value of the
158
ABSTRACT OF MISSOURI STATE LAWS.
estate, and no judge of probate, sheriff, marshal, clerk of a court, nor attorney-at-law can be taken as security, and the bond must be signed in the presence of the court, judge or clerk. The marriage of an executrix or administratrix revokes her letters, and "if any executor or administra- tor become of unsound mind, or be convicted of any felony or other infa- mous crime, or has absented himself from the state for the space of four months, or become an habitual drunkard, or in anywise incapable or unsuitable to execute the trust reposed in him, or fail to discharge his offi- cial duties, or waste or mismanage the estate, or act so as to endanger any co-executor or co-administrator," the court may, upon proper proceeding, revoke his letters.
Executors and administrators may resign their letters after giving four weeks notice in some newspaper published in the county, with the per- mission of the court.
. Immediately after grant of letters it is the duty of an administrator to take the goods, chattels, money, books, papers and evidences of debt, and of title to real estate, except the property reserved as the absolute prop- erty of the widow, and make a full and complete inventory of the same, blanks for making which can usually be obtained from the judge or clerk of the probate court. It is also the duty of the administrator to have the personal estate appraised by three disinterested house-holders of the county, and the administrator has the power to administer oaths to wit- nesses to inventory, and appraisers. The inventory and appraisement must be filed within sixty days after letters granted.
Within thirty days after letters are granted, the executor or adminis- trator must publish a notice of his letters for three weeks in some news- paper published in the county, or if there be none therein, the nearest county where one is published; for form of which see Rev. Stat., Sec. 87.
If the administrator fail to give such notice, the two years limitation, provided by statute against proving claims against an estate, will not run in his favor.
Proof must be made of the publication of the notice, by the affidavit of the publisher, and the proof filed with the clerk of the probate court within sixty days after it is made.
In addition to dower, the widow is allowed to keep, as her absolute property, a family bible and other books, not to exceed two hundred dol- lars; all the wearing apparel of the family, her wheels, looms and other implements of industry ; all yarns, cloth, and clothing made up in the family for their own use; all grain, meats, vegetables, groceries and other pro- visions on hand and privided, and necessary for the subsistence of the widow and her family for twelve months; her household and kitchen fur- niture, including beds, bedsteads and bedding, not to exceed the value of five hundred dollars.
159
ABSTRACT OF MISSOURI STATE LAWS.
If the grain, meat or other provisions mentioned above are not on hand at the time of taking the inventory, the court will make a reasona- ble appropriation out of the assets of the estate to supply the deficiency. In addition to the above, the widow is entitled to four hundred dollars worth of personal property at the appraised value. This four hundred dollars worth of personal property is called the widow's special dower and vests in her absolutely immediately upon her husband's death, with- out formal election, and it may be selected out of notes, and bonds belong- ing to the estate. She must apply for it before the property is distributed or sold, and it must be deducted from her dower in the personal estate if there be any. If she do not receive such property, and it be sold by the administrator, the court will order the proceeds to be paid to her at any time before the same be paid out for debts or distributed. If the personal property is sold and distributed, however, she cannot take her special dower out of the proceeds of the sale of real estate.
If there be no widow, the children under sixteen years of age are enti- „ tled to the property and allowances that the widow would have been enti- tled to; and if the widow die, they shall be entitled to the same property and allowances as the mother was entitled to take at the death of her hus- band.
Demands against estates are divided into the following classes. 1. Funeral expenses. 2. Expenses of the last sickness, wages of servants, and demands for medicine and medical attendance during the last sickness of the deceased. 3. All debts, including taxes due the state or any county, or incorporated city or town, and it is the duty of the administrator to pay all such taxes, without allowance by the court. 4. Judgments rendered against the deceased in his lifetime, and upon attachments levied upon property of the deceased in his lifetime. 5. All demands, without regard to quality, legally exhibited against the estate within one year after the granting of the first letters. 6. All demands exhibited, after the end of one year and within two years. All demands not exhibited within two years, with certain exceptions, are barred. Demands must be paid in the order classed.
Every executor or administrator, at the first term of the court, after the expiration of one year from the date of his letters, and at the correspond- ing term, every year thereafter, until the administration is completed is required to make a settlement of his accounts with the court, and when ' the estate is fully administered, he must give four weeks notice, in some newspaper published in the county, to creditors and others interested, of his intention to make final settlement at the next term of court. Rev. Stat., Chap. 1.
-
160
ABSTRACT OF MISSOURI STATE LAWS.
ANIMALS.
If any stallion, unaltered mule or jackass, over two years of age, be found running at large, the owner shall be fined three dollars for the first offense and not exceeding ten dollars for every subsequent offense, to be recovered by civil action before a justice of the peace, in the name of any person who will prosecute for the same; one-half to his own use and the other half to the county. Any person may take up any such animal, and if not claimed within five days castrate him in a careful manner, for which he shall recover three dollars from the owner by civil action before a jus- tice of the peace; or, if such animal cannot be taken up, he may be killed, if notice be first put up at the court-house door and three other public places in the county, for ten days, describing the colors, marks and brands, and stating that he will be killed unless taken away and secured.
Rams are not allowed to run at large from the first day of May until the first day of November in each year.
If bulls or rams over one year old or boar hogs over three months old be found running at large off the premises or enclosures or out of control of their owners or keepers, after three days' notice, signed by three free- holders (land-owners) of the township where such animal may be found running at large, he may be castrated in a careful manner, and if the owner cannot be found he may be castrated without notice. Rev. Stat., Secs. 4067-4073.
Non-residents are not allowed to herd or graze horned cattle in this state between the first day of April and fifteenth day of October, except upon their own lands and the lands of those whose consent they may have in writing. Any person assisting or encouraging a violation of the above law shall forfeit not less than ten nor more than one hundred dol- lars, to be recovered by civil action, seventy-five per cent to go to the school fund and twenty-five to the informer, and attachments may issue as in other causes. Rev. Stat., Secs. 4350-4357.
Diseased or distempered cattle are required to be kept on the owners' premises, and the driving of cattle affected with Texas or Spanish fever or other infectious diseases into or through this state, or from one place to another therein, unless it be to remove them from one piece of ground to another of the same owner, and the transportation through this state, · or from one part to another, of any Texas, Mexican, Cherokee or Indian cattle affected with Texas or Spanish fever or other contagious disease is prohibited.
And all persons are prohibited between the first day of May and the first day of November, from driving any Texan, Mexican, Cherokee, or Indian cattle, which have not been kept at least one winter as far north as the south- ern boundary line of the state of Kansas, whether diseased or not, into, or
WILLIAM THORNTON GROVER TP. BORN IN ORANGE CO., VA., AUG. 30, 1795: DIED AT HIS HOME,IN JOHNSON CO.MO.FEB.18, 1879.
161
ABSTRACT OF MISSOURI STATE LAWS.
through any county in this state, unless such person give bond, to be approved by the county clerk, in the sum of not less than one thousand dollars to the county, into, or through which such person designs to drive such cattle. Rev. Stats., Secs. 4358-4369. Sess., Acts 1881, pp. 40, 41. .
ARBITRATIONS.
All persons capable of contracting, may, by instrument of writing, sub- mit to the decision of one or more arbitrators, any controversy between them, which might be the subject of an action, and may agree that a judg- ment of any court having jurisdiction, shall be rendered upon the award. The arbitrators must appoint a time and place for the hearing, and notify the parties, and they may adjourn the hearing from time to time, as may be necessary, and on the application of either party, and for good cause, may adjourn the hearing to a time not extending beyond the day fixed in the submission for rendering the award.
ASSESSMENT AND TAXATION.
The provisions of our statutes in regard to assessment and taxation are so numerous that it is impossible, in the limited space allotted us, to give more than a very general view of the subject.
All persons and property are subject to taxation except: First, persons belonging to the army of the United States; second, lands and public buildings, mints, their furniture, belonging to the United States; third, property belonging to the state; fourth, property belonging to cities, coun- ties, and other municipal corporations; fifth, lands granted by the United States, or this state to any county, city or town, village or township, for the purpose of education; sixth, lots in any incorporate city or town, or within one mile of the same, to the extent of one acre, and lots one mile or more distant from such city or town, to the extent of five acres, with the buildings thereon, when the same are used exclusively for religious worship, for schools or for purposes purely charitable.
Notes. cash and bonds received by merchants for goods, upon which a license tax has been paid, are exempt for the year for which the license tax was paid. Bonds, bills, notes, and other evidences of debt, made in consideration of sales of manufactured articles, are exempt for the year in which the sales were made.
Notes and bonds received for real estate are not subject to taxation for one year.
It is the duty of the collector immediately after the receipt of the tax books, to give twenty days notice of the time and place at which he will meet the inhabitants of the different townships to collect their taxes. A penalty of one per cent per month is collected on all taxes collected after the first day of January following the date on which the taxes are due.
11
162
ABSTRACT OF MISSOURI STATE LAWS.
It is the duty of the collector to furnish statements to non-residents, and answer letters of inquiry concerning taxes.
If taxes are not paid by the first day of October of the year in which they are due, the collector may, after demand for payment of the tax, seize and sell personal property for the payment of the same.
If taxes on lands are not paid by the first day of January, the collector may, by suit, enforce the lien of the state against the lands and sell the same for the payment of the taxes and costs of suit.
If any tract of land is not worth the amount of taxes, interest and costs thereon, the county court have the right to compromise with the owner for a less sum.
ATTACHMENT.
The plaintiff in any civil action may have an attachment against the property of the defendant in any one or more of the following cases:
I. Where the defendant is a non-resident of this state.
II. Where the defendant is a corporation whose chief office or place of business is out of this state.
III. Where the defendant conceals himself, so that the ordinary process of law cannot be served upon him.
IV. Where the defendant has absconded, or absented himself from his usual place of abode in this state, so that the ordinary process of law cannot be served upon him.
V. Where the defendant is about to remove his property or effects out of this state, with the intent to defraud, hinder or delay his creditors.
VI. Where the defendant is about to remove out of this state, with intent to change his domicile.
VII. Where the defendant has fraudulently conveyed or assigned his property or effects, so as to hinder or delay his creditors.
VIII. Where the defendant has fraudulently concealed, removed or dis- posed of his property or effects, so as to hinder or delay his creditors.
IX. Where the defendant is about fraudulently to convey or assign his property or effects, so as to hinder or delay his creditors.
X. Where the defendant is about fraudulently to conceal, remove or dispose of his property or effects, so as to hinder or delay his creditors.
XI. Where the cause of action accrued out of this state, and the defendant has absconded, or secretly removed his property or effects into this state.
XII. Where the damages for which the action is brought are for injur- ies arising from the commission of some felony or misdemeanor, or for the seduction of any female.
XIII. Where the debtor has failed to pay the price, or value, of any article or thing delivered, which, by contract, he was bound to pay upon the delivery.
163
ABSTRACT OF MISSOURI STATE LAWS.
XIV. Where the debt sued for was fraudulently contracted on the part of the debtor.
Attachments may issue on demands not due, in any of the cases men- tioned above, except the first, second, third and fourth; but no judgment can be rendered until the maturity of the demand.
BILLS AND NOTES.
A bill of exchange is a written order or request, and a promissory note, a written promise by one person to another, for the payment of money, at a specified time, absolutely, and at all events.
The obligation for the payment of money, otherwise in the form of a negotiable note, containing a stipulation that in case they are not paid when due, the makers shall pay an attorney's fee for collection, so much in use in this state, are not promissory notes, and a transferrer of such instruments is treated as but an assignor, not an indorser, and he is not jointly liable with the maker.
CONTRACTS ..
All contracts which, by the common law, are joint only, are construed to be joint and several, that is, where two parties jointly agree to do a certain thing, either one is liable, singly, for a violation of the contract.
All instruments of writing made and signed by any person, or his agent, whereby he promises to pay to any other, or his order, or unto bearer, any sum of money or property therein mentioned, impart a consideration.
. Parol evidence is inadmissible to contradict, add to, subtract from, or vary a written contract. So parol evidence is inadmissible to incorporate within a written instrument an oral agreement made contemporaneously therewith, but the above rules apply only where the writing purports to be the mutual agreement of the parties, and not where the writing purports to be a mere memorandum, and not a complete expression of the entire contract. In view of the above rules, we wish to add, at the request of the publishers of this book, that, in subscribing for books, the party sub- scribing should look well to the terms of his written subscription, as that alone governs his liability, and any statements made by the agent taking the subscription, at the time of taking it, amount to nothing, and are not binding upon the publishers, unless reduced to writing and incorporated in the terms of subscription.
COURTS.
We have in this state the supreme court, St. Louis court of appeals, cir- cuit courts, probate courts, county courts, and justices' courts under the general law, and in some counties common pleas and criminal courts under special statutes.
164
ABSTRACT OF MISSOURI STATE LAWS.
CONVEYANCES.
Conveyances of land or any interest therein must be by deed, and hus- band and wife may convey the real estate of the wife, and the wife may relinquish her dower in the real estate of her husband, by their joint deed.
All deeds must be subscribed and sealed by the party making the same, and must be acknowledged, if in this state, before some court having a seal, or some judge, justice or clerk thereof, notary public, or some justice of the peace of the county where the real estate is situated; if out of this state and within the United States, by a notary public or by any court of the United States, or of any state or territory having a seal, or the clerk of any such court, or any commissioner appointed by the governor. of this state, to take the acknowledgment of deeds; if without the United States, by any court of any state, kingdom or empire having a seal, or the mayor or chief officer of any city or town having an official seal, or by any min- ister or consular officer of the United States, or notary public having a seal. We have not space to append any forms of deeds or other 'convey- ances, but we deem it unnecessary as blanks for warranty deeds and deeds of trust, with blank certificates of acknowledgments, may be obtained at the recorders' offices in the several counties, free of charge, and blanks for all other forms of conveyances may be obtained at the book stores at a small expense.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.