USA > Missouri > Nodaway County > The history of Nodaway county, Missouri, containing a history of the county, its cities, towns, etc., biographical sketches of its citizens > Part 14
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The court having met pursuant to adjournment, on May 5, 1845, at White Cloud school house (all the justices being present) the following proceedings were had :
The allotting justice of Washington Township made his report, embracing road divisions, numbers one, two and three, and reporting the laying out of the road on the east side of the Platte River, commencing at the county line and running to White Oak Grove.
Also, the road from the White Oak Grove, on Platte River, to the township line, west, near Cock's mill.
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HISTORY OF NODAWAY COUNTY.
Also, the road between Platte River and the One Hundred and Two, beginning at the county line south, and running to the county line north.
It was ordered by the court, that the allotting justice of Atchison Township begin anew to lay off the road districts of his township.
James Curl presented a petition, signed by a majority of the inhab- itants of township 63, in range 37, praying for the sale of the sixteenth section of said township and range.
John Graves was appointed overseer of road district No. I, Wash- ington Township, William Campbell overseer of road district No. 2, and Gideon L. Brown overseer of road district No. 3.
The boundary of Atchison Township was so changed as to include the road on the main divide, between Nodaway and the One Hundred and Two Rivers.
Jonathan Shepard, allotting justice of Atchison Township, reported that he had made four road districts. District No. I, commencing at the Buchanan Township line and ending at Levi Martin's ; No. 2, commenc- ing at Levi Martin's and ending at the south boundary of the same township; No. 3, commencing at the county line of Nodaway County in Atchison Township, and ending at Hallsa's ferry ; No. 4, commencing on the divide between One Hundred and Two and Nodaway Rivers.
Martin Noffsinger was appointed overseer of road district No. I, Atchison Township ; Levi Martin overseer of district No. 2 ; Abijah Hampton overseer of district No. 3, and Alfred Gray overseer of district No. 4.
John Lowe, allotting justice for Buchanan Township, reported that he had made three road districts.
Francis Miller was appointed road overseer of road district No. I, Buchanan Township; William Hardy, overseer of district No. 2; and George W. Farrews, overseer of district No. 3.
Polk Township was established.
Green McCafferty tendered his resignation as justice of the peace of Polk Township.
William Cyrus was appointed justice of the peace in Cafferty's place. William Cyrus was appointed allotting justice of Polk Township.
The boundary lines of Buchanan Township were changed, by com- mencing at the northeast corner of said township, and running east to the north fork of the east fork of the One Hundred and Two; thence down the same till it intersected the north line of Polk Township; thence westwardly to the northeast corner of Atchison Township.
Dallas Township was named and boundaries defined.
The bond of Hiram Young, constable of White Cloud Township, was approved.
W. H. Moore, the allotting justice of White Cloud Township, made his report, showing the roads as districted by him in said township.
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HISTORY OF NODAWAY COUNTY.
Hiram Hall was appointed overseer of road district No. I, White Cloud Township; Wright Bagley, overseer of district No. 2; Thomas Groves, overseer of district No. 3 ; and Hiram Groves, overseer of dis- trict Mo. 4.
William Cock asked for a road from Cock's Mill to William Mc- Knight's Ford, on the White Cloud. Henry Swearingen, Nathaniel Barnes and Benjamin Williams were appointed viewers of the said road.
Joseph Alexander was appointed justice of the peace of Dallas Township, also allotting justice for that township.
Stephen Jones was appointed a commissioner to locate the seat of justice.
Court then adjourned to the first Monday in June, 1845.
FIRST RECORDS.
The original real estate records are still in existence. The book which contains them, is a volume of five hundred and forty pages, yel- lowed and soiled by time. In it are found promiscuously scattered mortgages, deeds, bills of sale, chattel mortgages, powers of attorney, deeds of trust, etc. Bills of sale, deeds and mortgages were in early times, usually drawn by justices of the peace, who, while they were men of good judgment, and of unimpeachable integrity, were frequently unlearned and unlettered, as nearly all the records testify, yet the early records of Nodaway County are generally an exception to this rule.
FIRST DEED RECORDED.
This indenture, made and entered into, this 14th day of May, 1845, by and between Martin Noland and Sarah Noland, his wife, of the County of Nodaway, and the State of Missouri, and Felix Blakely and Ann Blakely, his wife, of the County of Gentry, of the first part, and Coleman Young, of the County of Clay, all of said State of Missouri, of the second part, witnesseth : That the said party of the first part, for and in consideration of the sum of seven hundred dollars, to them in hand paid, the receipt whereof is hereby acknowledged, have given, granted, bargained and sold, and by these presents, doth give, grant, bargain, sell, alien, convey and confirm unto the said party of the second part, and to his heirs and assigns forever, all that certain tract, piece or parcel of land, lying and being in the County of Nodaway, and State of Missouri, viz : The southwest quarter of section three, of township sixty-two, range thirty-four ; also, the northeast quarter of section nine, township sixty- two, of range thirty-four, containing in all, three hundred and twenty acres, be the same more or less, according to the original survey. To have and to hold the said tract, piece or parcel of land, with all the appurtenances thereunto belonging, or in anywise appertaining, to the only proper use, benefit and behoof of him, the said party of the second part, and to his heirs and assigns forever. And the said party of the first part, for themselves, their heirs, executors and administrators, covenant
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HISTORY OF NODAWAY COUNTY.
and agree to and with said party of the second part, and to his heirs and assigns, the said tract, piece or parcel of land, and bargained premises, and every part and parcel thereof, unto him the said party of the second part, and to his heirs and assigns against all manner of claims, they will warrant and forever defend the same, by these presents.
In witness whereof, the said Martin Noland and Sarah Noland, his wife, and Felix Blakely and Ann Blakely, his wife, of the first part, have hereunto set their hands and seals, the day and year above written.
MARTIN NOLAND, [SEAL.
her SARAH × NOLAND, [SEAL.] mark. his FELIX × BLAKELY, [SEAL.] mark. her ANN × BLAKELY.
mark. [SEAL.]
The above instrument was acknowledged before Thomas A. Brown, justice of the peace.
The second instrument on record is a
DEED.
This indenture made and entered into this 15th day of May, in the year of our Lord, one thousand eight hundred and forty-five, by and between Nathaniel H. Barnes, and Nancy W., his wife, of the County of Nodaway, and State of Missouri, of the first part, and William Cook, of the County of Fayette, and State of Pennsylvania, of the second part, witnesseth : That the said party of the first part, for and in considera- tion of the sum of two hundred dollars, to them in hand paid, the receipt whereof is hereby acknowledged, have given, granted, bargained and sold, and by these presents doth give, grant, bargain, sell, alien, convey and confirm, unto the said party of the second part, and to his heirs and assigns forever, a certain tract, piece or parcel of land, lying and being in the County of Nodaway, and State of Missouri, viz .:
The west half of the southeast quarter of section number thirty (30), in township number sixty-three (63), of range number thirty-five (35), containing eighty acres more or less. To have and to hold the said tract, piece or parcel of land, with all the appurtenances thereunto belonging, or in anywise appertaining, to the only proper use, benefit and behoof of him, the said party of the first part, and to his heirs and assigns forever. And the said party of the first part, for themselves, their heirs, executors and administrators, covenant and agree to and with the said party of the second part, and his heirs and assigns, the said tract, piece or parcel of land, and bargained premises, and every part and parcel thereof, unto him the said party of the second part, and to his heirs and assigns, against all manner of claims, they will warrant and forever defend the same, by these presents.
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HISTORY OF NODAWAY COUNTY.
In witness whereof, the said Nathaniel H. Barnes, and Nancy W. Barnes, his wife, parties of the first part, have hereunto set their hands and seals, the day and year above written.
NATHANIEL H. BARNES, [SEAL.] her NANCY W. X BARNES. mark. [SEAL.]
The above deed was acknowledged before W. H. Moore, justice of the peace.
DEED OF TRUST.
Know all men by these presents :
That I, Archibald Prather, of the County of Nodaway, and State of Missouri, have this day, for and in consideration of the sum of one dollar, to me in hand paid by Thomas Adams, of the county and state afore- said, the receipt of which is hereby acknwledged, bargained and sold, transferred and set over, and by these presents do bargain and sell. transfer and set over, to the said Thomas Adams, all my pre-emption, right and title, by virtue of an act of the Legislature of Missouri, approved the 13th of March, 1845, to the use of Finley Ong, in and to the west half of the southeast quarter of section No. seventeen, of township No. sixty-four, in range No. thirty-five, containing eighty acres. But these presents and everything herein contained, are upon the express condi- tions and understandings, to wit: That whereas, on the 23d day of June, A. D. 1845, George D. Atkinson executed his note of promise to the aforesaid Finley Ong, with said Archibald Prather as security, payable four months after date, and bearing ten per cent. interest. Now if said promissory note shall be well and truly paid, and satisfied according to the meaning and intent thereof, by the Ist day of March, 1846, then and in that case, these presents to be void, also said promissory note. But if not paid as aforesaid, I constitute and appoint the said Thomas Adams trustee in deed and in fact, to offer at public auction, the pre-emption right aforesaid to the highest bidder, first giving twenty days' notice of the time and place of sale, by five written notices put up at public places, in Nodaway County, and in any other way that said trustee may deem necessary, first paying expenses of notices and sale, and then paying said promissory note to Finley Ong, or so much thereof as may be produced by said sale of pre-emption right ; and lastly, to refund to said Prather the remainder of the proceeds of said sale, if any. And further, I author- ize the said Thomas Adams, trustee, as aforesaid, in case of sale being made of the pre-emption right aforesaid, according to the provisions herein set forth, for me and in my name, as trustee as aforesaid, to make the purchaser a good and sufficient transfer thereto, as amply and fully as I myself might do.
In witness whereof, I have hereunto set my hand and seal, this 12th day of December, A. D. 1845.
ARCHIBALD PRATER. [SEAL.]
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HISTORY OF NODAWAY COUNTY.
The first quit claim deed on record :
Know all men by these presents :
That we, Humphrey Finch, of the County of Platte, and State of Missouri, and Frances, the wife of Humphrey Finch, in consideration of the sum of five dollars, to us in hand paid, by Joseph Cox, the receipt whereof is hereby acknowledged, have bargained, sold and quit-claimed, and by these presents do bargain, sell and quit claim, unto the said Joseph Cox, and to his heirs and assigns forever, all our, and each of our right, title, interest, claim and demand both at law and equity, as well in possession as in expectancy, of, in and to, all that certain farm or piece of land, situate and being in the County of Nodaway and State of Missouri, and described as follows : The northeast quarter of section nineteen, in township sixty-two, north, in range thirty-six, west of the fifth principal meridian, containing one hundred and sixty acres, more or less. With all and singular the hereditaments and appurtenances thereunto belonging.
In testimony whereof, we have hereunto set our hands and seals, this 6th day of May, 1846.
HUMPHREY FINCH, [SEAL.] her FRANCES × FINCH. [SEAL.] mark.
During the year 1845, there were recorded seven instruments all told. In 1880, there were recorded over four thousand.
The first entry made in the original record book of the circuit court, is as follows :
SEPTEMBER TERM, A. D. 1846.
Now, on this 14th day of September, 1846, the day appointed by law for the holding of the regular term of the Circuit Court of Nodaway County, the judge of the court being unable to attend from sickness, and having notified the sheriff of this county of that fact, and having ordered the sheriff to proclaim at the court house door, publicly and aloud, that this court shall stand adjourned until Monday, the 26th day of October, 1846, and the sheriff having made proclamation according to said order, and according to law, now therefore, this court stands adjourned until Monday, the 26th day of October, 1846.
S. L. LEONARD, Judge.
SECOND ENTRY-SEPTEMBER ADJOURNED TERM, 1846.
STATE OF MISSOURI, Ss.
COUNTY OF NODAWAY,
Be it remembered, that on this 26th day of October, in the year of our Lord, eighteen hundred and forty-six, the Circuit Court of Nodaway County, met pursuant to adjournment. Present, Hon. S. L. Leonard,
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HISTORY OF NODAWAY COUNTY.
judge, I. N. Jones, circuit attorney, B. Curl, sheriff, and Amos Graham, clerk, when and where the following proceedings were had and done, to wit :
The sheriff of Nodaway County returns into court the state's venire for a grand jury, with the following as said grand jury, to wit :
Sylvester Lanham, William Davis, Francis Conlon, Benjamin Sims, A. G. Lowe, William Campbell, John V. Fletcher, Thomas Pistole, Jesse James, Timothy Nash, Isaac N. Prather, John McClain, Harvey Kincaid, Vardaman Fletcher, James Ingles, Jonathan Lavering, who, being duly sworn, and having received their charge, retired to consider of their presentments.
The first case upon the docket was: State of Missouri vs. Archibald Prater, for cutting timber on state lands.
An order for an attachment was issued against James Kuykendall, former sheriff of Platte County, for failing to return the capias in the above named case.
The next cases were, the
State of Missouri vs. Archibald Prather, for the same offense.
State of Missouri vs. Abraham Fletcher, for selling and giving an Indian liquor.
State vs. William Smith ; same against John Brown ; same vs. Dyer Cash, all of which were continued generally.
The first cause tried was the following :
STATE OF MISSOURI, VS.
CORNELIUS BRACKNEY.
Henry Swearingen, Senior, Andrew Shepherd, Guilford Richards, Thomas Harris, J. M. Cotrell, William Nash, Jacob Ross, Bennet Robert- son, William Young, H. Langley, Daniel Swearingen, Jr., and John Daw- son, composed the jury. The following is the verdict which was returned by the jury :
"We, the jury, find the defendant guilty as charged in the within indictment, and assess his punishment to a fine of two hundred and fifty dollars. H. SWEARINGEN, Foreman."
Then follow the cases of Cornelius Holeman vs. John Wiggs ; appeal. State of Missouri vs. Haden Jackson ; recognizance. State vs. Hiram Groves ; for contempt in failing to appear as grand juror.
In the last mentioned case, the court was of the opinion, after hear- ing the evidence, " that said defendant be fined one dollar and costs in this behalf expended."
First suit for divorce was David Stout vs. Rebecca Stout. The fol- lowing is the decree of the court in reference thereto :
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HISTORY OF NODAWAY COUNTY.
"Now, at this day came the said complainant by his solicitor, and it appearing to the satisfaction of the court here, that the order of publi- cation made herein, has been published as the law requires, and that said defendant has failed to appear, answer, demur or plead to the allegations and charges in the complainant's bill of complaint. It is therefore ordered, adjudged and decreed, that the said complainant's bill be taken as confessed ; and it is further ordered, that unless the said defendant appear before this court, at the next October term thereof, at the court house in Maryville, and before the end of said term, and show good cause for not before appearing, this decree will be made absolute, and this cause continued till the next term of this court."
MARRIAGES.
Cupid, the god of Love, whose universal sway over the hearts and affections of mankind, has been commensurate with the history of our race, early manifested his presence among the pioneers of Nodaway County, as will be seen from the following verbatim copies of a few of the earlier marriages :
This is to certify that I, Wm. Davis, an acting justice of the peace of White Cloud Township, Nodaway County, and State of Missouri, on 3d of April, A. D. 1845, lawfully married Archibald Prather to Rebecca Atkinson.
Given under my hand, this the 27th of June, A. D. 1845. WILLIAM DAVIS, Justice of the Peace. Filed for record 30th Oct., A. D. 1845. AMOS GRAHAM. Recorder.
This is to certify that I did unite Robert J. Gray and Jemima Irwin in the bonds of matrimony, on 22d of May, 1845. Given under my hand. HENRY EPPLER, C. P. M.
Filed for record 30th October, 1845. AMOS GRAHAM, Recorder.
This is to certify that I married on the 26th of June, 1845, Dunkin McA. Vinsonhaler to Elizabeth Criberly, both of Nodaway County, Mo. WM. A. STEPHENS, Justice of the Peace. Filed for record 30th Oct., 1845.
AMOS GRAHAM, Recorder.
STATE OF MISSOURI, COUNTY OF NODAWAY. S
I do certify that on the fifteenth day of June, 1845, I solemnized a marriage between George Washington Hardee and Kesiah Thomison in Nodaway County. Given under my hand this 16th day of June, 1845. JONATHAN LAVERING, J. P.
Filed for record 30th October, 1845.
AMOS GRAHAM, Recorder.
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HISTORY OF NODAWAY COUNTY.
Married in Nodaway County, Missouri, on the 17th day of Nov., 1845, Mr. Jesse Blakeley to Miss Jane Blakeley, by GEORGE P. KERNS, J. P.
Filed for record 13th Feb., A. D. 1846. AMOS GRAHAM, Recorder.
This is to certify that I married on the 13th day of August, 1845, James W. Black and Sarah Williams, of Nodaway County, Missouri. WM. A. STEPHENS, Justice of the Peace.
Filed for record 8th April, 1845.
AMOS GRAHAM, Recorder.
STATE OF MISSOURI, - COUNTY OF NODAWAY. SCT.
This is to certify that the undersigned justice of the peace, within and for Nodaway, did on the 12th June, 1845, solemnize a marriage between David Barbour and Sarah Martin, in Nodaway County. Given under my hand this 14th of June, A. D. 1845.
JONATHAN SHEPARD, Justice of the Peace. Filed for record 30th Oct., 1845.
AMOS GRAHAM, Recorder.
STATE OF MISSOURI, Ess.
COUNTY OF NODAWAY.
This is to certify that I, John Lowe, an acting justice of the peace, within and for said county, on the 16th day of March, 1845, did solemn- ize the rites of matrimony between Henry Miller and Elizabeth Lowe, in said county.
JOHN LOWE, Justice of the Peace.
Filed for record 15th Dec., 1845. AMOS GRAHAM, Recorder.
STATE OF MISSOURI, SCT.
COUNTY OF NODAWAY.
I do hereby certify that on the 27th day of March, 1845, I solemn- ized the rites of matrimony between James K. Allen, of Andrew, and Drusilla Lanham, of Nodaway County, both of this State, agreeably to the usages of the church to which I belong. Given under my hand this the 20th day of April, 1845.
MOSES ALLEN, Minister of the Gospel.
Filed for record 30th Oct., 1845.
AMOS GRAHAM, Recorder.
May the 22d, 1845: This is to certify that I married Hiram J. Cub- erly to Jane M. Vinsonhaler, both of Nodaway County, Missouri. WM. A. STEPHENS, J. P.
Filed for record 30th October, 1845. AMOS GRAHAM, Recorder.
This is to certify that Stephen Graves and Sarah Harper, of Noda- way County, were joined in marriage on the 24th day of April, 1845, by me.
THOMAS BLAKELY, J. P.
Filed for record 30th October, 1845. AMOS GRAHAM, Recorder.
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HISTORY OF NODAWAY COUNTY.
STATE OF MISSOURI, 1 COUNTY OF NODAWAY, S
- SCT.
I, James Vaughn, an acting justice of the peace, within and for said county, do certify that I solemnized a marriage between Jesse H. Stoner and Miss Emily Trasper, in Nodaway County, on the 25th day of January, A. D. 1845.
JAMES VAUGHN, J. P.
Filed for record 26th of January, A. D. 1846. AMOS GRAHAM, Recorder.
Married on the 9th day of November, 1845, Geo. Bowman, of the State of Missouri, Nodaway County, in the township of Polk. Given under my hand this 12th day of January, 1846.
ISAAC HARRIS, Justice of the Peace. Filed 12th January, A. D. 1846. AMOS GRAHAM, Recorder.
This is to certify, that I, Caleb Kauble, an acting justice of the peace of Dallas Township, did on the 27th of November, 1845, solemnize the bands of matrimony betwixt William Wilson and Miss Sarah Jane Guill, this 13th December, 1845.
CALEB KAUBLE, Justice of the Peace. Filed for record 13th December, 1845. AMOS GRAHAM, Recorder.
The marriages above recorded occurred thirty-six years ago. The parties, if still living, would be nearly three-score years of age. In those primitive days, among the early settlers, marriages were doubtless the result of love. There was not only a union of hands, but a union of hearts. The pioneer maiden made the faithful wife, and the sturdy backwoodsman the fond and trusted husband.
" From that day forth, in peace and joyous bliss, They lived together long without debate ; Nor private jars, nor spite of enemies, Could shake the safe assurance of their state."
During the year 1845, there were recorded eighteen marriages, and in 1880, there were 292.
CHAPTER VIII.
COUNTY AND TOWNSHIP SYSTEM-GOVERNMENT SURVEYS-ORGANIZATION OF TOWN- SHIPS.
Before proceeding any further, we deem it proper to give some explanations of the county and township system and government sur- veys, as so much depends in business and civil transactions upon county limits and county organizations.
COUNTY AND TOWNSHIP SYSTEM.
With regard to the origin of dividing individual states into county and township organizations, which, in an important measure, should have the power and opportunity of transacting their own business and gov- erning themselves, under the approval of, and subject to, the state and general government, of which they both form a part, we quote from Elijah M. Haines, who is considered good authority on the subject.
In his "Laws of Illinois, relative to Township Organizations," he says : "The county system originating with Virginia, whose early set- tlers soon became large landed proprietors, aristocratic in feeling, living apart in almost baronial magnificence, on their own estates, and owning the laboring part of the population. Thus the materials for a town were not at hand, the voters being thinly distributed over a great area.
"The county organization, where a few influential men managed the whole business of a community, retaining their places almost at their pleasure, scarcely responsible at all, except in name, and permitted to conduct the county concerns as their ideas or wishes might direct, was moreover consonant with their recollections or traditions of the judicial and social dignities of the landed aristocracy of England, in descent from whom the Virginia gentlemen felt so much pride. In 1834. eight counties were organized in Virginia, and the system extending throughout the state, spread into all the Southern States, and some of the Northern States ; unless we except the nearly similar division into ' districts' in South Carolina, and that into ' parishes' in Louisiana, from the French laws.
"Illinois, which, with its vast additional territory, became a county of Virginia, on its conquest by General George Rogers Clark, retained the county organization, which was formerly extended over the state by
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HISTORY OF NODAWAY COUNTY.
the constitution of 1818, and continued in exclusive use until the consti- tution of 1848.
"Under this system, as in other states adopting it, most local busi- ness was transacted by those commissioners in each county who consti- tuted a county court, with quarterly sessions.
" During the period ending with the constitution of 1847, a large portion of the state had become filled up with a population of New Eng- land birth or character, daily growing more and more compact and dis- satisfied with the comparatively arbitrary and inefficient county system. It was maintained by the people that the heavy populated districts would always control the election of the commissioners to the disadvan- tage of the more thinly populated sections-in short, that under that system ' equal and exact justice ' to all parts of the county could not be secured.
"The township system had its origin in Massachusetts, and dates back to 1635.
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