Nodaway County, Missouri - Chapter 7: Nodaway County Organized, 1882

Riages For 1880

LEGISLATIVE ENACTMENTS - FIRST COUNTY COURT - PROCEEDINGS OF THE FIRST COURT - FIRST RECORDS - DEEDS AND MORTGAGES - FIRST CIRCUIT COURT-FIRST CASES - EARLY MARRIAGES - NUMBER OF MARRIAGES FOR 1845-NUMBK.R OF MAR. RIAGES FOR 1880.

The six counties composing the Platte Purchase were organized respectively as to date, as follows : Platte, December 31, 1838; Buchanan, February IO, 1839; Andrew, January 29, 1841 ; Holt, February 15, 1841 ; Atchison and Nodaway, on the 14th of February, 1845.

SECTION i. All that portion of territory bounded as follows, viz.: Beginning in the middle of the main channel of the Nodaway River, opposite the line dividing townships 61 and 62 ; thence up the middle of the main channel thereof to the mouth of the brook, in what is now known by the name of Roland Grove ; thence due west to the dividing ridge, dividing the waters of the Big Tarkio and Nodaway Rivers ; thence north upon the top of said dividing ridge to the state line ; thence with the state boundary line to the old western boundary of the state ; thence with the same to the township line, dividing townships 61 and 62 ; thence west with said township line to the place of beginning, is hereby organized into a separate and distinct county, to be called and known by the name of Nodaway.

Sec. 2. Amos Graham and William M. Sitton, of the County of Andrew, and Daniel Hunsucker, of the County of Holt, are hereby appointed commissioners, to select the permanent seat of justice of said county; said commissioners shall meet at the house of I. N. Prather, on the first Monday of June next.

Sec. 3. The county courts of said county shall be held on the first Mondays of February, May, August and November, and the first meeting of said court shall be at the house of I. N. Prather, and shall continue to be there held, until the permanent seat of justice is established, unless otherwise ordered by the court."

The above act, under which the county was organized, was introduced as a bill in the General Assembly of Missouri by a member of the Lower House from Andrew County, Missouri.

An act defining the boundary and naming the County of Nodaway, was passed by the General Assembly as early as January 29, 1841, the territory of which at that time embraced the present County of Holt.

On the 15th of February, 1841, the same General Assembly passed a supplemental act, amendatory to the act above referred to, changing the name of Nodaway County, which had just been created, to Holt. That enactment is as follows ;

" That portion of territory included within the following described limits, to wit : Beginning in the main channel of the Missouri River, at a point where the range line dividing range thirty-six and thirty-seven would intersect the same ; thence north, with said range line, to the middle of the main channel of the Nodaway River ; thence up the middle of the main channel of said river, to the northern boundary of the state ; thence west with said boundary line, to the middle of the main channel of the Missouri River ; thence down said river, in the middle of the main channel thereof, to the place of beginning, shall be called and known by the name of Holt, in honor of David R. Holt, Esq., late representative from Platte County, any law to the contrary notwithstanding."

The David R. Holt, after whom the County of Holt was named, was one of the most prominent men at the time in Western Missouri. The General Assembly of the state appropriated the sum of two hundred and fifty dollars to the erection of a tomb over his grave, and for a suitable inscription. At the request of Mrs. Holt, a place was reserved by the side of his remains for her interment after her decease.

Be it remembered, that the County Court of Nodaway County, in the State of Missouri, met at the house of I. N. Prather, in obedience to an act of the Legislature, on the first Monday in April, in the year of our Lord, one thousand eight hundred and forty-five, and seventh day of said month. Present : Hon. Thomas A. Brown, James M. Fulkerson and John Lowe, justices of said court - when and where the following proceedings were had and done, to wit:

Ordered, That Amos Graham be and he is hereby appointed clerk of this court, until the next general election, and until his successor is duly elected and qualified. Whereupon he took the oath of office, and

Ordered, That Green McCafferty be and he is hereby appointed county surveyor of Nodaway County, Missouri, until the next general election, and until his successor is duly elected and qualified. And thereupon he gave bond to the State of Missouri, in the sum of fifteen hundred dollars, with John E. George and James W. Parman as his security, which is approved by the court.

I. N. Prather, at whose house the three justices met and organized the county court, died in 1859. Colonel Prather was born in Mercer County, Kentucky, and emigrated to what is now known as Nodaway County in 1841, and located in the White Cloud settlement, on the stream known by that name. His widow still survives him, at the advanced age of seventy-four years.

Judge Thomas A. Brown, now lives in Buchanan County, and is one of the judges of that county. Judge Fulkerson went to Oregon in 1852, where he now resides. Judge Lowe moved to Taylor County, Iowa, and still lives.

Court met again April 8, 1845, and proceeded to lay off Buchanan, Hughes, White Cloud and Washington Townships, and then appointed the following alloting justices for the same :

John Lowe for Buchanan, Jonathan Shepard for Atchison, William A. Stephens for Hughes, William H. Moore for White Cloud, and Thomas Blakely for Washington Township.

Daniel McCarty was appointed assessor of the county, and the clerk was instructed to procure such books, stationery, etc., " as he may deem expedient, on as good terms to the county as he can." This was all the business transacted on the second day. The court then adjourned to meet at White Cloud school house on the first Monday in May following.

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.

James Curl presented a petition, signed by a majority of the inhabitants 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. 1, Washington 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, commencing 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. r, Atchison Township ; Levi Martin overseer of district No. 2 ; Abijah Hampton overseer of district No. 3, and Alfred Gray overseer of district No. 4.

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.

The boundary lines of Buchanan Township were changed, by commencing 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.

T34 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 district 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.

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, yellowed 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 Count)' 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 sixtytwo, 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 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.

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 consideration 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.

I36 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 handsand seals, the day and year above written.

Deed Of Trust

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 aforesaid, 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 conditions 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 1st 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 authorize 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.

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.

September Term, A. D. 1 846

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.

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, 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 :

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.

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.

Henry Swearingen, Senior, Andrew Shepherd, Guilford Richards, Thomas Harris, J. M. Cotrell, William Nash, Jacob Ross, Bennet Robertson, William Young, H. Langley, Daniel Swearingen, Jr., and John Dawson, 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 hearing the evidence, "that said defendant be fined one dollar and costs in this behalf expended."

" 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 publication 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."

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.

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.

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.

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 solemnize the rites of matrimony between Henry Miller and Elizabeth Lowe, in said county.

I do hereby certify that on the 27th day of March, 1845, I solemnized 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.

This is to certify that Stephen Graves and Sarah Harper, of Nodaway County, were joined in marriage on the 24th day of April, 1845, by me. THOMAS BLAKELY, J. P.

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

Married on the 9th day of November, 1845, Geo. Bowman, of the State of Missouri, Nodaway County, in the township of Polk. Given under mv hand this 12th day of January, 1846.

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.

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 pe.ice and joyous bliss, They lived together long without debate ; Nor private jars, nor spite of enemies, Could shake the safe assurance of their state."