Buchanan County, Missouri - Chapter 8: The First Records, 1881

Chapter 8: The First Records

The original real estate records are still in existence. The 'book in they are recorded contains 478 pages, and although its leaves "have become yellowed and soiled by time, it is in a good state of preservation. Here are found, promiscuously recorded, mortgages, bills of sale, chattel mortgages, powers of attorney, indentures of apprenticeship, warranty deeds, etc. The character of the penmanship and the are generally good. Bills of sale, mortgages and deeds, were in early times usually drawn up by justices of the peace, who, while they were men of good judgment, of unimpeachable integrity, were fre- unlearned and unlettered, as nearly all the early records testify, yet the early records of Buchanan County are generally an exception to this rule. The fact must not be lost sight of, however, that the early officials of the newly organized counties in this western country, were hardy backwoodsmen, whose continual struggle for a livelihood precluded the possibility of devoting any time to self culture.

In reproducing some of these first records it is not with a view to ridicule those brave, busy pioneers of justice, but to satisfy a curiosity to behold what is novel and ancient.

"Know ye that reposing especial trust and confidence in the integrity and abilities of Edwin Toole, I do hereby appoint him Clerk of the Circuit Court for the County of Buchanan in the State of Missouri, and authorize and empower him to discharge the duties of said office with all the powers, privileges and emoluments to the same of right appertaining until the general election in the year 1840; and until his successor is elected and qualified.

Austin A. King

I, Edwin Toole, do hereby swear that I will support the constitution of the United States, and of the State of Missouri, and that I will faith-

Edwin Toole

Know ye that reposing especial trust and. confidence in the integ^ rity and abilities of William Fowler, we, Samuel Johnson and William Harrington, Justices of the County Court of Buchanan County and State of Missouri, do hereby appoint him, the said William Fowler, clerk of the County Court of Buchanan, in the aforesaid state, and do authorize and erripower him to discharge the duties of said office according to law. And to have and to hold said office, with all the power, privileges and emoluments to the same of right appertaining, until the general election in the year 1840, and until his successor is elected and qualified. Given under our hands as Justices of the County Court of Buchanan County, in the State of Missouri, the 1st day of April, 1839.

State Of Missouri

I, William Fowler, do hereby swear that I will support the Constitution of the United States and of the State of Missouri, and that I will faithfully discharge the duties of Clerk of the County Court of Buchanan County during my continuance in office.

The above mentioned were the first clerks of the Circuit and County Courts of Buchanan County, and in obedience to the custom of that day, were appointed by the judges of said courts.

S. M. Gillmore was the first appointed sheriff of the county, and Peter H. Burnett, afterward Governor of California, first prosecuting attorney.

At the general election, held on the first Monday in August, 1840, William Fowler received 979 votes for the office of Circuit Clerk. There being no other person voted for, he was declared duly elected to the office of Circuit Clerk for the term of six years.

That we, Samuel M. Gilmore as principal, and James Gilmore and Frederick Waymire as security, acknowledge ourselves to owe and be indebted to the State of Missouri, in the sum of seven thousand dollars, well and truly to be paid, we bind ourselves, our heirs, executors, administrators and assigns firmly by these presents.

The condition of the above obligation is sueh, that if the above bound Samuel M. Gilmore shall faithfully perform all the duties of sheriff of Buchanan County, in the State of Missouri aforesaid, according to law, for the term of two years, and until his successor is elected and qualified, and pay over all moneys that may come into his hands, by virtue of his office, to those entitled, and all things faithfully do and perform, touching the duties of the office of sheriff aforesaid, then this obligation to be null and void, otherwise to remain in full force and virtue.

I, Edwin Toole, Clerk of the Circuit Court in and for the County of of Buchanan, and State of Missouri, do certify that I approve the penalty and security of the within bond.

Note. - In the body of the above bond the following words are interlined, to wit : for the term of two years and until his successor is elected and qualified. And in the approval of the clerk a part of the second line is erased, and the words "of Buchanan and" visibly written.

The first record after the appointment of Edwin Toole as Circuit Clerk and the appointment of William Fowler, Clerk of the County Court, is the following :

Mortgage

This indenture, made the I4tb March, 1839, between Joseph Wages and Zachariah Moreland, both of the County of Buchanan and State of Missouri. Whereas, the said Zachariah Moreland has this day stayed two judgments, one for two months and one for four months, for said Joseph Wages, which said judgments were lately obtained by J. & J. Long, before E. Toole, J. P., for the sum of $77. igcts; and the said Joseph Wages, being desirous to secure and save the said Moreland against all responsibility in a certain recognizance in which said More- land bound himself in relation to said judgments, Therefore, this indenture witnesseth that the said Joseph Wages, as well for and in consideration of securing the said Moreland from the payment of the said judgments aforesaid, as the sum of one dollar to him, the said Wages, in hand paid, by the said Zachariah Moreland, at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, hath granted, bargained, and sold, released and confirmed unto the said, Zachariah Moreland, one bay horse, two milch cows, seven head of sheep, to have and to hold the above mentioned property, to him the said, Zachariah Moreland and his assigns, forever. Provided always, nevertheless, that if the said Joseph Wages shall and truly pay said judgments above mentioned, or cause them to be paid, then this deed of mortgage shall cease, determine and become absolutely null and void, anything herein contracted, to the contrary notwithstanding.

Deed Of Gift

That I, Lewis Gresham of the County of Buchanan and State of Missouri, in consideration of the natural love and affection which I have and bear unto my two beloved daughters, Margaret and Louisa Perlina, and also for divers other good causes, and considerations in the said Lewis Gresham hereunto moving, have given, granted and confirmed, and by these presents, do give, grant, and confirm unto the said Margaret and Louisa Perlina, all and singular, a certain negro girl slave, named Elizabeth, between fourteen and fifteen years of age. Also three cows and calves ; fifteen head of sheep, twenty head of hogs, and one bed and furniture, to have, hold and enjoy all and singular, the said negro girl slave, and the said goods, chattels, and personal estate, aforesaid, unto the said Margaret and Louisa Perlina, their executors administrators, and assigns forever.

And I, the said Lewis Gresham, all and singular, the said negro girl slave, and the said goods and chattels, personal estate and other the premises to the said Margaret' and Louisa Perlina, their executors, administrators and assigns, against the said Lewis Gresham, my executors and administrators, and all and every other person and persons whatsoever, shall and will warrant and forever defend by these presents, of all and singular, which said negro girl slave, with the aforesaid goods, chattels, personal estate, and other the premises, I, the said Lewis Gresham, have put the said Margaret and Louisa Perlina in full possession, by delivering to them the said negro girl, named Elizabeth, as a slave forever, at the time of sealing and delivering of these presents, in the name of the whole premises hereby granted.

In witness whereof, I, the said Lewis Gresham, have hereunto set my hand and seal, this 25th day of June, in the year of our Lord, one thousand eight hundred and thirty-nine.

Be it remembered, that on this 25th day of June, A. D. 1839, Lewis Gresham, the grantor named in the foregoing deed of gift, personally appeared before me, the undersigned Clerk of the County Court, within and fo'r the county aforesaid, and acknowledging the signing and sealing of the same to be his act and deed, for the purposes therein mentioned.

I, William Monroe, of the County of Buchanan, and State of Missouri, do make and publish this, my last will and testament, in manner and following, that is to say :

Second - It is my will and I do hereby give to my eldest son, Thomas Monroe, 'the sum of four hundred dollars, and to his heirs and assigns forever, to be paid to him or to his heirs and assigns by my executor on the ist day of May next, as his full, complete and entire portion of my estate forever.

Third - I give to my second son, Daniel Monroe, the' sum of four hundred dollars, and to his heirs and assigns forever, to be paid to him or to his heirs and assigns by my executor on the first day of May next, as his full, complete and entire portion of my estate forever.

Fourth - I give to my oldest daughter, Eleanor Douglass, the sum of two hundred dollars, and to her heirs and assigns forever, to be paid to her or her heirs by my executor on the ist day of May next, as her complete and entire portion of my estate forever.

Fifth - I give to my second daughter, Susan Burris, the sum of four hundred dollars, and to her heirs and assigns forever, to be paid to her or to her heirs and assigns by my executor on the ist day of May next, as her complete and entire portion of my estate forever.

Sixth - I give to my third daughter, Frances Reynolds, the note I hold against her husband (Reuben R. Reynolds), for the amount of seventy-seven dollars and thirty-six cents, principal and interest, up to this date. Said note was due August the ist, 1838, and is dated and bears ten per cent, interest from the above date August ist, 1838, to have and to hold to her heirs and assigns forever as and for her complete and entire portion of my estate forever.

Seventh - I give to the heirs of my fourth daughter, Elizabeth Kuaur, the sum of four hundred dollars, to be paid to them or to their lawful guardian, by my executor on the ist day of May next, as their complete and entire portion of my estate forever.

Eighth - I give to my fifth daughter, Nancy Thorp, the sum of four hundred dollars, and to her heirs and assigns forever, to be paid to her or to her heirs by my executor on the 1st of May next, as her complete and entire portion of my estate forever.

Ninth - I give, devise and bequeath to my third son, Samuel Monroe, my two servant boys, namely, Sam and John, to have and to hold to his heirs and assigns forever. Also I give to the said Samuel Monroe, the farm on which I now live, situate in the attached part of Buchanan County, and State of Missouri, and known as the northwest quarter of section No. 10, township No. 57, range No. 35, to have and to hold the said farm, together with all the appurtenance thereunto belonging (either as a pre-emption right, or as certified and patented to me from Government), to his heirs and assigns forever.

Tenth - I give to my fourth son, Peter Monroe, my two servants, namely Emma and Mary Ann, to have and to hold, and to his heirs and assigns forever.

Eleventh - After the above distribution is fully made, it is my will and I do hereby devise and bequeath the entire balance of my estate, either personal or real, to my two sons, Samuel Monroe and Peter Monroe, to their entire use and equal enjoyment, and. to their heirs and assigns forever.

Twelfth - And, lastly, I hereby constitute and appoint my said son Samuel Monroe to be the executor to this my last will and testament, revoking and annulling all former wills by me made, and ratifying and confirming this, and no other to be my last will and testament.

Signed, published and delared by the above named William Monroe as and for his last will and testament in presence of us who, at his request, have signed as witnesses to the same.

John W. Samuel

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 Buchanan County, as will be seen from the following verbatim copies of a few of the earlier marriages ;

I do hereby certify that the bonds of matrimony between Noel Henderson and Caroline Arnold, both of the county and state aforesaid, were solemnized by me on the 17th of January, 1839.

Vincent Snelling

I do hereby certify that on the 7th day of March, A. D. 1839, I united together in the rites of matrimony, as husband and wife, Mr. Abel Herrington and Miss Rebecca C. Gilmore.

Abraham Milice

I do hereby certify that on the 20th day of March, A. D. 1839, I 'united together in the rites of matrimony, as husband and wife, Mr. Page Stanley and Miss Catharine Williams.

Jesse F. Wixon

I hereby certify that I solemnized the bonds of matrimony, on the 31st day of March, 1839, between Samuel Walkup and Louisa Roundtr.ee, all of Buchanan County, State of Missouri.

I do hereby certify that on the 23d day of May, A. D. 1839, 1 joined together, by the rites of matrimony, Mr. Ransom H. Trusty and Miss Mary Ann Muzinzo.

This is to certify, that on the 15th day of May, 1839, in the presenceof Henry Noland and Joel Parker, I did join together in matrimony;. William Kitcher and Angeline Yates, both of Buchanan County.

I, Zachariah Linville, a preacher of the Gospel, do certify, that om the 2ist day of August, 1839, I united in marriage, John Allison to Dicy Trapp, both of lawful age.

Zachariah Linville

This is to certify, that on the 17th Nov., 1839, in the presence of John Riggin and others, I joined together in wedlock, Mr. John W^ " Woods and Miss Joanna Stokes, both of Buchanan County, Mo. Given under my hand, this 27th Nov. 1839.

T. B. Ruble

The marriages above mentioned occurred forty-two years ago. The contracting parties, if still living, would be more than three-score years of age.

In those primitive days, among the early settlers, marriages, we are persuaded, were 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.