Nodaway County, Missouri - Chapter 5: Organization of Nodaway County, 1910

Chapter 5: Organization of Nodaway County

The "Platte Purchase" comprised the six counties organized as follows : Platte county, December 31, 1838; Buchanan county, February 10, 1839; Andrew county, January 29, 1841 ; Holt county, February 15, 1841 ; Atchison and Nodaway counties, February 14, 1845.

"Section 1. All that portion of territory bounded as follows, viz: Be¬ ginning 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 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 county, to be called and known by the name of Nodaway.

"Sec. 2. Amos Graham and William M. Sitton, of the county of An¬ drew, 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.

On the 15th of February, 1841. the same General Assembly passed a sup¬ plemental act, amendatory to the act above referred to, changing the name of Nodaway county, which it had just created, to Holt. That enactment reads as follows :

''That portion of territory included within the following described lim¬ its, to-wit : Beginning in the main channel of the Missouri river, at a point Avhere the range line dividing ranges 36 and 37 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, Escp, late representative from Platte county, any law to the contrary notwith¬ standing."

David R. Holt was one of the most prominent men at that time in all western Missouri. The General Assembly of Missouri 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 re¬ served by the side of his remains for her interment after her decease.

"Be it remembered, that the county court of Nodaway county, Missouri, met at the house of I. N. Prather, in obedience to the act of the Legislature, on the first Monday of 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 Grahan be and 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 gave bond to the state of Missouri in the sum of five thousand dollars, which is approved by the court.

until his successor is duly elected and qualified. And thereupon he gave bonds 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, Ken¬ tucky, and emigrated to what was known as Nodaway county in 1841, and located in the White Cloud settlement, on the stream known by his name.

Judge Thomas A. Brown removed to Buchanan county, Missouri, and was county judge there. Judge Fulkerson went to Oregon in 1852. Judge Lowe moved to Taylor county, Iowa, and was living there in 1882.

Court met again April 8, 1845, and among the items of business trans¬ acted at that session was the laying off of Buchanan, Hughes, White Cloud and Washington townships, and the appointment of the following justices : John Lowe, for Buchanan township; Jonathan Shepherd, 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 books, stationery, etc., "as he may deem expedient, on as good terms to the county as he can." The court then adjourned to meet at White Cloud school house on Monday, the first day in May following. At that new meeting place, on date last named, all the justices were present and the allotting justice of Washington township made his report, embracing road divisions Nos. 1, 2 and 3, and reported the laying out of the road on the east side of the river Platte, commencing at the county line and running to White Oak Grove. Also the road from the White Oak Grove, on the Platte river, to the township line, west near Cock's mill. Also a road between Platte river and the One Hundred and Two river, beginning at the county line south and running to the county line north.

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 - "the school section."

The boundary of Atchison township was so changed as to include the road on the main divide, between the Nodaway and One Hundred and Two rivers.

Jonathan Sheppard, allotting justice for Atchison township, reported that he had made four road districts. District No. 1, commencing at the Buchanan township line and ending at Levi Martin's; No. 2, commencing at Levi Martin's and ending at the 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.

Francis Miller was appointed overseer of road district No. 1, Buchanan township; William Hardy, overseer of district No. 2, and George W. Farrews, overseer of district No. 3.

Polk township was established at this meeting of the county court. Green McCafferty tendered his resignation as justice of the peace of Polk township.

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 river; thence down the same till it intersected the north line of Polk township; thence westwardly to the northeast corner of Atchison township.

Hiram Hall was appointed overseer of road district No. 1, White Cloud township ; Wright Bagiev, overseer of district No. 2, and Thomas Groves, overseer of district No. 4.

William Cock asked for a road from Cock's mill to William McKnight's ford, on the White Cloud. Henry Swearingen, Nathaniel Barnes and Benja¬ min Williams were appointed viewers of the said road.

At the session of the county court held in June, 1845. after mature de¬ liberation, it was decided to locate the county seat of justice on section 17, township 64 and range 35, and at the July term of the same court the fol¬ lowing entry was made :

"It is hereby ordered and declared that the seat of justice of Nodaway county, Missouri, shall be called and known by the name of Maryville."

This name was given in honor of Mrs. Mary Graham, wife of Amos Graham, then, and for fourteen years, the efficient county clerk of Nodaway county, the first white woman who lived within the limits of the county seat.

Some dissatisfaction existed from the first on account of the selection made for the county seat, as the southern part of Nodaway county was settled first and hence was ahead in point of population. This matter finally resulted in the circulation of a petition to the county authorities, in December, 1850, praying for the removal of the county seat to a point about seven miles south of Maryville. The court then consisted of Messrs. Joel Hedgepath, W. J. Bickett and Adam Terhune, who rejected the petition on the ground that it did not contain three-fifths of the names on the tax list of the county. This was the last attempt to remove the county seat.

The first real estate records of Nodaway county are still in existence and are contained within a volume of about five hundred and fifty pages, the same being badly dimmed and soiled by much handling and the heavy touch of Time's hand. It shows a mixture of promiscuous records, including mort¬ gages, bills of sale, chattel mortgages, powers of attorney, deeds of trust, etc. At an early day bills of sale and deeds or mortgage instruments were drawn by justices of the peace, who, while of rare good judgment, were fre¬ quently uneducated, as nearly all the records show ; but as a rule the countv records here are legible, plain and convey no uncertain meaning, there being but a few exceptions to this rule.

First Deed Placed On Record

Number one of the thousands upon thousands of deeds recorded in Nod¬ away county, with the passage of these more than three score years of its

"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 Blackely and Ann Blackely, 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 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 Nod¬ away, the state of Missouri, viz : The southwest quarter of section three, of township sixty-two, range thirty-four; containing in all three hundred and twenty acres, more or less, according to the original survey. To have and to hold said tract, piece or parcel of land, with all the appurtenances thereto 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, to his heirs and assigns, the said tract 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 Blackely and Ann Blackely, his wife, of the first part, have hereinto set their hands and seals, the ninth day of the year above written.

First 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 acknowledged, 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. 1° the use of Finley Ong, in and to the west half of the southwest quarter of section No. seventeen, of township No. sixty-four, in range No. thirty-five, containing acres. But these presents and everything therein contained, are upon the express condition and understanding, 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, 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 first 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 said pre-emption right aforesaid to the highest bidder, first giving twenty days' notice of the time and place for sale, by five written notices put up at public places, in Nodaway county, and in any other way that the 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 of the afore¬ said, 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 of afore¬ said, to make the purchaser a good and sufficient transfer thereto, as amply and fully as I myself might do.

First Quit-Claim Deed

"That we, Humphrey Finch, of the county of Platte, the state of Mis¬ souri, 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, situated and being in the county if 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.

During the year 1845 there were only seven instruments recorded in Nodaway county. As far back as the year 1880 there were over four thous¬ and instruments recorded for that year alone. Since that time the number has increased with the increase of population until the number of instruments annually made a matter of public record in this county has come to be im¬ mense.

The First Circuit Court Entry

At the September term of the circuit court for Nodaway county, held in 1846, the first entry is shown by the first court record to have been as follows :

"Now,' on this 14th day of September. 1846. the day appointed by law for holding 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 the county of that fact, and having ordered the sheriff to pro¬ claim at the court house door, publicly and aloud, that this court shall stand ad- journed until Monday, the 26th day of October, 1846, and the sheriff having made proclamation according to said order and according to law, now there¬ fore, 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.1 A. G. Lowe, William Campbell, John V. Fletcher, Thomas Pistole, Jesse James, Timothy Nash, Isaac N. Prather, John McClain, Harvey Kincaid, Vardeman 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.

"State vs. William Smith: same against John Brown: same against Dyer Cash, all of which were continued generally. The first cause to be tried was the following :

"We, the jury, find the defendant guilty as charged within the indict¬ ment. and assess his punishment to a fine of two hundred and fifty dollars.

First Divorce Case

"Now, at this day came the said complainant by his solicitor, and it ap¬ peared 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 appearing, this decree will be made absolute, and this cause continued till the next term of court "